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[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49442-49445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19555]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0251; Directorate Identifier 2013-NM-179-AD; 
Amendment 39-17946; AD 2014-16-22]
RIN 2120-AA64

Airworthiness Directives; Airbus 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 all 
Airbus Model A330-200 Freighter, A330-200, A330-300, and A340-200, 
A340-300, A340-500, and A340-600 series airplanes. This AD was prompted 
by a determination that the service life limits of the cabin pressure 
control system (CPCS) safety valves installed on the aft pressure 
bulkhead were being exceeded. This AD requires repetitive replacement 
of the CPCS safety valves with serviceable valves. We are issuing this 
AD to prevent exceeding the service life limits of the CPCS safety 
valves, which, in the event of a failure, could result in excessive 
positive or negative differential pressure in the fuselage and 
consequent incapacitation or injuries to airplane occupants.

DATES: This AD becomes effective September 25, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 25, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0251; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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; 
email airworthiness.A330-A340@airbus.com; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 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 by adding an AD that would apply to all Airbus Model A330-200 
Freighter, A330-200, A330-300, and A340-200, A340-300, A340-500, and 
A340-600 series airplanes. The NPRM published in the Federal Register 
on May 15, 2014 (79 FR 27814).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0201, dated September 4, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information to 
correct an unsafe condition on all Airbus Model A330-200 Freighter, 
A330-200, A330-300, and A340-200, -300, -500, and -600 series 
airplanes. The MCAI states:

    Investigation results on the Cabin Pressure Control System 
(CPCS) safety valve demonstrate that this part is subject to 
repetitive restoration every 50,000 flight hours (FH) or 12 years, 
but this airworthiness instruction is not yet reflected in the 
instructions for continuing airworthiness. Moreover, this safety 
valve, part of the CPCS, is not failure monitored.
    In order to maintain the required safety objectives, the CPCS 
safety valves must be replaced by a serviceable part no later than 
the above values.
    For the reasons describe above, this [EASA] AD requires 
repetitive replacement of CPCS safety valves.

    Exceeding the service life limits of the CPCS safety valve, in the 
event of a failure, could result in excessive positive or negative 
differential pressure in the fuselage, and consequent incapacitation or 
injuries to airplane occupants.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0251-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 27814, May 15, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 11016, February 27, 2014), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority

[[Page 49443]]

design organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 11016, February 27, 
2014) about these proposed changes. However, a comment was provided for 
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 27814, May 15, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 27814, May 15, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 77 airplanes of U.S. registry.
    We also estimate that it takes about 25 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 $9,784 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $916,993, or $11,909 per product, per replacement 
cycle.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

[[Page 49444]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0251; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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 airworthiness 
directive (AD):

2014-16-22 Airbus: Amendment 39-17946. Docket No. FAA-2014-0251; 
Directorate Identifier 2013-NM-179-AD.

(a) Effective Date

    This AD becomes effective September 25, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes; Model A340-211, -212, -213, -311, -312, and -313 
airplanes; and Model A340-541 and -642 airplanes; certificated in 
any category; all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
Conditioning.

(e) Reason

    This AD was prompted by a determination that the service life 
limits of the cabin pressure control system (CPCS) safety valves 
installed on the aft pressure bulkhead were being exceeded. We are 
issuing this AD to prevent exceeding the service life limits of the 
CPCS safety valve, which, in the event of a failure, could result in 
excessive positive or negative differential pressure in the 
fuselage, and consequent incapacitation or injuries to airplane 
occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement of CPCS Safety Valves

    (1) For airplanes on which the total number of flight hours 
accumulated on the CPCS safety valves are known: Replace the CPCS 
safety valve with a serviceable valve at the later of the times 
specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD. Replace 
the valve in accordance with the Accomplishment Instructions of the 
applicable service information identified in paragraph (g)(3)(i), 
(g)(3)(ii), or (g)(3)(iii) of this AD. Repeat the replacement at 
intervals not to exceed 50,000 flight hours or 12 years accumulated 
on the CPCS safety valve, whichever occurs first.
    (i) Before the safety valve accumulates 50,000 total flight 
hours or 12 years since first installation or since the last 
restoration, as applicable, whichever occurs first.
    (ii) Within 26 months after the effective date of this AD.
    (2) For airplanes on which the total number of flight hours 
accumulated on the CPCS safety valve are unknown: Replace the CPCS 
safety valve with a serviceable valve within 26 months after the 
effective date of this AD, in accordance with the Accomplishment 
Instructions of the applicable service information identified in 
paragraph (g)(3)(i), (g)(3)(ii), or (g)(3)(iii) of this AD. Repeat 
the replacement at intervals not to exceed 50,000 flight hours or 12 
years accumulated on the CPCS safety valve, whichever occurs first.
    (3) Use the applicable service information identified in 
paragraph (g)(3)(i), (g)(3)(ii), or (g)(3)(iii) of this AD to 
accomplish the specified actions in paragraph (g) of this AD.
    (i) Airbus Service Bulletin A330-21-3154, Revision 01, dated 
April 10, 2013 (for Model A330-200 Freighter, A330-200 and A330-300 
series airplanes).
    (ii) Airbus Service Bulletin A340-21-4150, Revision 01, dated 
April 10, 2013 (for Model A340-200 and A340-300 series airplanes).
    (iii) Airbus Service Bulletin A340-21-5044, Revision 01, dated 
April 10, 2013 (for Model A340-500 and A340-600 series airplanes).

(h) Definition of Serviceable Valves

    For the purposes of this AD, a serviceable CPCS safety valve is 
a safety valve which has not exceeded the following service life 
limits, as applicable: 12 years since its manufacturing date, or 
50,000 total flight hours since first installation on an airplane, 
whichever occurs first; or 12 years since its last restoration, or 
50,000 total flight hours since its last restoration, whichever 
occurs first.

(i) Optional Method of Compliance

    Accomplishment of Task 21.31.00/09, Remove Safety Valve for 
Restoration, of Section C-21, Air Conditioning, of Section C, 
Systems and Power-plant Section, of the Airbus A330 Maintenance 
Review Board Report, Revision 14, dated June 2013; or Airbus A340 
Maintenance Review Board Report, Revision 14, dated June 2013; as 
applicable; constitutes compliance with any replacement required by 
paragraph (g) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g)(1) and (g)(2) of this AD, if those actions were 
performed before the effective date of this AD using the service 
information identified in paragraphs (j)(1), (j)(2), and (j)(3) of 
this AD, which are not incorporated by reference in this AD.
    (1) Airbus Service Bulletin A330-21-3154, dated November 17, 
2011.
    (2) Airbus Service Bulletin A340-21-4150, dated November 17, 
2011.
    (3) Airbus Service Bulletin A340-21-5044, dated November 17, 
2011.

(k) Other FAA AD Provisions

    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. 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, 
WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information 
may be emailed 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0201, dated September 4, 2013, for related information. This MCAI 
may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0251-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

[[Page 49445]]

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-21-3154, Revision 01, dated 
April 10, 2013.
    (ii) Airbus Service Bulletin A340-21-4150, Revision 01, dated 
April 10, 2013.
    (iii) Airbus Service Bulletin A340-21-5044, Revision 01, dated 
April 10, 2013.
    (iv) Task 21.31.00/09, Remove Safety Valve for Restoration, of 
Section C-21, Air Conditioning, of Section C, Systems and Power-
plant Section, of the Airbus A330 Maintenance Review Board Report, 
Revision 14, dated June 2013.
    (v) Task 21.31.00/09, Remove Safety Valve for Restoration, of 
Section C-21, Air Conditioning, of Section C, Systems and Power-
plant Section, Airbus A340 Maintenance Review Board Report, Revision 
14, dated June 2013.
    (3) 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; email airworthiness.A330-A340@airbus.com; 
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 7, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2014-19555 Filed 8-20-14; 8:45 am]
BILLING CODE 4910-13-P
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