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[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Proposed Rules]
[Pages 52419-52423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21428]

========================================================================
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. 80, No. 168 / Monday, August 31, 2015 / 
Proposed Rules

[[Page 52419]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3149; Directorate Identifier 2015-NM-014-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and 
all Airbus Model A340-200, -300, -500, and -600 series airplanes. This 
proposed AD was prompted by reports of premature aging of certain 
chemical oxygen generators in the passenger compartment that resulted 
in failure of the generators to activate. This proposed AD would 
require inspecting to determine if certain passenger chemical oxygen 
generators are installed, and replacement of affected generators. We 
are proposing this AD to prevent failure of the chemical oxygen 
generator to activate during an emergency situation, which could result 
in unavailability of oxygen and possible incapacitation of the 
occupants.

DATES: We must receive comments on this proposed AD by October 15, 
2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For Airbus 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; email airworthiness.A330-A340@airbus.com; Internet 
http://www.airbus.com.
    For B/E Aerospace service information identified in this proposed 
AD, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; 
telephone 913-338-9800; fax 913-469-8419; Internet http://beaerospace.com/home/globalsupport.
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3149; 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 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, WA 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-2015-3149; 
Directorate Identifier 2015-NM-014-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 Union, has issued EASA 
Airworthiness Directive 2015-0119, dated June 24, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A330-200, -200 Freighter, and -300 series airplanes; and Model A340-
200, -300, -500, and -600 series airplanes. The MCAI states:

    Reports have been received indicating premature ageing of 
certain passenger chemical oxygen generators, Part Number (P/N) 
1170242-XX, manufactured by B/E Aerospace. Some operators reported 
that when they tried to activate generators, some older units failed 
to activate. Given the number of failed units reported, all the 
generators manufactured in 1999, 2000, and 2001 must be considered 
unreliable.
    This condition, if not corrected, could lead to failure of the 
generator to activate and consequently not deliver oxygen during an 
emergency, possibly resulting in injury to aeroplane occupants.
    To address this potential unsafe condition, Airbus issued Alert 
Operators Transmission (AOT) A35L007-14, making reference to B/E 
Aerospace Service Information Letter (SIL) D1019-01 (currently at 
Revision 1) and B/E Aerospace Service Bulletin (SB) 117042-35-001. 
Consequently, EASA issued AD 2014-0277 to require identification and 
replacement of the affected oxygen generators.
    Since EASA AD 2014-0277 was issued, and following new 
investigation results, EASA has decided to introduce a life 
limitation concerning all P/N 117042-XX chemical oxygen generators, 
manufactured by B/E Aerospace.
    For the reason described above, this EASA AD retains the 
requirements of EASA AD 2014-0277, which is superseded, expands the 
scope of the AD to include chemical

[[Page 52420]]

oxygen generators manufactured after 2001, and requires their 
removal from service before exceeding 10 years since date of 
manufacture.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3149.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A35L007-14, 
Revision 01, June 17, 2015; including Appendix A. B/E Aerospace has 
issued Service Bulletin 117042-35-001, dated December 10, 2014. The 
service information describes procedures for inspecting to determine if 
certain passenger chemical oxygen generators are installed, and 
replacing affected generators. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section of this NPRM.

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 these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 91 airplanes of U.S. 
registry.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  1 work-hour x $85   $0................  $85...............  $7,735.
                                   per hour = $85.
Replacement.....................  1 work hour x $85   $1,000 per oxygen   $1,085 per oxygen   $98,735 for one
                                   per hour = $85.     generator.          generator.          oxygen generator.
----------------------------------------------------------------------------------------------------------------

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);
    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.

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

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):

Airbus: Docket No. FAA-2015-3149; Directorate Identifier 2015-NM-
014-AD.

(a) Comments Due Date

    We must receive comments by October 15, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category, 
identified in paragraphs (c)(1) and (c)(2) of this AD, all 
manufacturer serial numbers.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F, 
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541, 
and -642 airplanes; except those on which a gaseous system for all 
oxygen generators is installed.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of premature aging of certain 
chemical oxygen generators in the passenger compartment that 
resulted in failure of the generators to activate. We are issuing 
this AD to prevent failure of the chemical oxygen generator to 
activate during an emergency situation, which could result in 
unavailability of oxygen and possible incapacitation of the 
occupants.

(f) Compliance

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

(g) Inspection

    Within 30 days after the effective date of this AD: Inspect each 
passenger chemical oxygen generator to identify the date of 
manufacture (refer to Figures 1 and 2 of paragraph (g) of this AD 
for the location of the date) of each passenger chemical oxygen 
generator having any part number (P/N) listed in paragraphs (g)(1) 
through (g)(6) of this AD, in accordance with the Instructions

[[Page 52421]]

of Airbus Alert Operators Transmission (AOT) A35L007-14, Revision 
01, June 17, 2015; including Appendix A. A review of airplane 
maintenance records is acceptable in lieu of this identification if 
the date of manufacture of the generator can be conclusively 
determined from that review.
    (1) 117042-02 (15minutes (min)--2 masks).
    (2) 117042-03 (15 min--3 masks).
    (3) 117042-04 (15 min--4 masks).
    (4) 117042-22 (22 min--2 masks).
    (5) 117042-23 (22 min--3 masks).
    (6) 117042-24 (22 min--4 masks).
    [GRAPHIC] [TIFF OMITTED] TP31AU15.000
    

[[Page 52422]]

[GRAPHIC] [TIFF OMITTED] TP31AU15.001

(h) Replacement of Pre-2002 Passenger Oxygen Generators

    If, during any inspection required by paragraph (g) of this AD, 
any passenger chemical oxygen generator having a date of manufacture 
of 1999, 2000, or 2001 is found: At the time specified in paragraph 
(h)(1), (h)(2), or (h)(3) of this AD, as applicable, replace the 
affected passenger chemical oxygen generator, in accordance with the 
Instructions of Airbus AOT A35L007-14, Revision 01, June 17, 2015; 
including Appendix A (for 15 and 22-minute passenger chemical oxygen 
generators); or in accordance with the Accomplishment Instructions 
of B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 
2014 (for 15-minute passenger chemical oxygen generators).
    (1) For units manufactured in 1999: Within 30 days after the 
effective date of this AD.
    (2) For units manufactured in 2000: Within 6 months after the 
effective date of this AD.
    (3) For units manufactured in 2001: Within 12 months after the 
effective date of this AD.

(i) Replacement of 2002 Through 2009 Passenger Oxygen Generators

    If, during any inspection required by paragraph (g) of this AD, 
any passenger chemical oxygen generator having a date of manufacture 
of 2002 through 2008 is found: At the time specified in paragraph 
(i)(1), (i)(2), (i)(3), (i)(4), (i)(5), (i)(6), (i)(7), or (i)(8) of 
this AD, as applicable, replace the affected passenger chemical 
oxygen generator with a serviceable unit, in accordance with the 
Instructions of Airbus AOT A35L007-14, Revision 01, June 17, 2015; 
including Appendix A (for 15 and 22-minute passenger chemical oxygen 
generators); or in accordance with the Accomplishment Instructions 
of B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 
2014 (for 15-minute passenger chemical oxygen generators).
    (1) For units manufactured in 2002: Within 12 months after the 
effective date of this AD.
    (2) For units manufactured in 2003: Within 16 months after the 
effective date of this AD.
    (3) For units manufactured in 2004: Within 20 months after the 
effective date of this AD.
    (4) For units manufactured in 2005: Within 24 months after the 
effective date of this AD.
    (5) For units manufactured in 2006: Within 28 months after the 
effective date of this AD.
    (6) For units manufactured in 2007: Within 32 months after the 
effective date of this AD.
    (7) For units manufactured in 2008: Within 36 months after the 
effective date of this AD.
    (8) For units manufactured in 2009 or later: Before the 
accumulation of 10 years since date of manufacture.

(j) Definition of a Serviceable Unit

    A serviceable unit is an oxygen generator having P/N 117042-XX, 
with a manufacturing date not older than 10 years, or any other FAA-
approved P/N, provided that the generator has not exceeded the life 
limit established by the manufacturer for that generator.

(k) Credit for Previous Actions

    This paragraph provides credit for the applicable actions 
required by paragraphs (g),

[[Page 52423]]

(h), and (i) of this AD, if those actions were performed before the 
effective date of this AD using Airbus AOT A35L007-14, dated 
December 18, 2014, including Appendix A.

(l) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
passenger chemical oxygen generator on any airplane, unless the 
passenger chemical oxygen generator is determined to be a 
serviceable unit, as defined in paragraph (j) of this AD.

(m) 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 EASA; 
or Airbus's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0119, dated June 24, 2015, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-3149.
    (2) For Airbus 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; email airworthiness.A330-A340@airbus.com; Internet http://www.airbus.com.
    (3) For B/E Aerospace service information identified in this 
proposed AD, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, 
KS 66215; telephone 913-338-9800; fax 913-469-8419; Internet http://beaerospace.com/home/globalsupport.
    (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.

    Issued in Renton, Washington, on August 21, 2015.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-21428 Filed 8-28-15; 8:45 am]
BILLING CODE 4910-13-P
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