Airworthiness Directives; Airbus Airplanes, 64094-64097 [2014-25413]

Download as PDF 64094 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations st02140ny); and to airplanes, certificated in any category, modified by FAA STC ST02033NY, issued December 2, 2004 (http://rgl.faa.gov/Regulatory_and_ Guidance_Library/rgstc.nsf/0/ 99FF781E0BD20AD886256FA300558250? OpenDocument&Highlight=02033). (d) Subject Air Transport Association (ATA) of America Code 35, Oxygen. (e) Reason This AD was prompted by a report that certain lanyards for the passenger oxygen masks are longer than the specified length, possibly leading to inactive oxygen masks in an emergency. We are issuing this AD to detect and correct lanyards of incorrect length, which might not activate the flow of oxygen in an emergency, resulting in injury to passengers. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Replacement Within 750 flight hours or 15 months after the effective date of this AD, whichever occurs first: Replace lanyards having part numbers (P/N) B431564–503 and –505 for all passenger oxygen dispensing units, with lanyards having P/N B431564–507, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 700–1A11–35–009, Revision 02, dated May 28, 2013. asabaliauskas on DSK5VPTVN1PROD with RULES (h) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. 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, New York ACO, ANE–170, Engine and Propeller Directorate, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAOauthorized signature. VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 (i) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2012–31R1, dated September 17, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http:// www.regulations.gov/ #!documentDetail;D=FAA-2013-0548-0004. (j) 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) Bombardier Service Bulletin 700–1A11– 35–009, Revision 02, dated May 28, 2013. (ii) Reserved. (3) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; email thd.crj@ aero.bombardier.com; Internet http:// www.bombardier.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/ibrlocations.html. Issued in Renton, Washington, on October 13, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–25101 Filed 10–27–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0140; Directorate Identifier 2013–NM–176–AD; Amendment 39–18004; AD 2014–21–10] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–200 and –300 series SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 airplanes, and Model A340–200 and –300 series airplanes. This AD was prompted by a report of contact between certain electrical harnesses and the hatrack rod that could cause chafing between the harnesses and surrounding structure. This AD requires modifying the routing of certain electrical harnesses. We are issuing this AD to prevent chafing and possible short circuit of two oxygen chemical generator containers in different wiring routes, which could result in malfunction of the electrical opening of all the containers connected to these routes. Such conditions, during a sudden depressurization event, could result in lack of oxygen and consequent injuries to airplane occupants. DATES: This AD becomes effective December 2, 2014. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 2, 2014. ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0140; 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 certain Airbus Model A330– 200 and –300 series airplanes, and Model A340–200 and –300 series airplanes. The NPRM published in the Federal Register on March 12, 2014 (79 FR 13929). The NPRM was prompted by E:\FR\FM\28OCR1.SGM 28OCR1 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations a report of contact between certain electrical harnesses and the hatrack rod that could cause chafing between the harnesses and surrounding structure. The NPRM proposed to require modifying the routing of certain electrical harnesses. We are issuing this AD to prevent chafing and possible short circuit of two oxygen chemical generator containers in different wiring routes, which could result in malfunction of the electrical opening of all the containers connected to these routes. Such conditions, during a sudden depressurization event, could result in lack of oxygen and consequent injuries to airplane occupants. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2013–0196, dated August 28, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: On the production line, electrical harnesses 1523VB and 1524VB have been found in contact with hatrack rod at Frame (FR) 53.7 between stringers (STR) 14 and 15. It was concluded that there is a risk of chaffing between these harnesses and the surrounding structure, which could lead to a short circuit on two oxygen chemical generator containers in different wiring routes. Consequently, the electrical opening of all the containers connected to these routes would not be possible, resulting in a malfunction of up to two thirds of the affected containers. This condition, if not corrected, could lead, in case of a sudden depressurization event, to lack of oxygen supply, possibly resulting in injuries to aeroplane occupants. To address this potential unsafe condition, Airbus developed two modifications of the routing of the affected harnesses. For the reasons described above, this [EASA] AD requires modification of the routing of harnesses 1523VB and 1524VB. asabaliauskas on DSK5VPTVN1PROD with RULES You may examine the MCAI in the AD docket on the Internet at http:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0140-0002. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (79 FR 13929, March 12, 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. VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 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, for certain new requirements, we proposed to change the phrase ‘‘its delegated agent’’ to include a design approval holder (DAH) with State of Design Authority 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 64095 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 FAAapproved. 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 E:\FR\FM\28OCR1.SGM 28OCR1 64096 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations approval document, adding time and expense to the compliance process with no safety benefit. Based on these comments, we removed the requirement that the DAHprovided 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. We also have decided not to include a generic reference to either the ‘‘delegated agent’’ or ‘‘DAH with State of Design Authority design organization approval,’’ but instead we have provided the specific delegation approval granted by EASA for the DAH. 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 13929, March 12, 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 13929, March 12, 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 51 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Modification ......................... 6 work-hours × $85 per hour = $510 ................................ Up to $1,057 ..... Up to $1,567 .... Up to $79,917. According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. Authority for This Rulemaking asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 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. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0140; 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: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 airworthiness directive (AD): ■ 2014–21–10 Airbus: Amendment 39–18004. Docket No. FAA–2014–0140; Directorate Identifier 2013–NM–176–AD. (a) Effective Date This AD becomes effective December 2, 2014. (b) Affected ADs None. (c) Applicability This AD applies to the Airbus airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category. (1) Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and -343 airplanes, all manufacturer serial numbers, on which Airbus Modification 48825 has been embodied in production; except for airplanes on which Airbus Modification 52485, 40161, or 201669 has been embodied. (2) Model A340–211, –212, –213, –311, –312, and –313 airplanes, all manufacturer serial numbers, on which Airbus Modification 48825D42865 has been embodied in production; except for airplanes on which Airbus Modification 55606 or 40161 has been embodied. (d) Subject Air Transport Association (ATA) of America Code 92, Wiring Elements. E:\FR\FM\28OCR1.SGM 28OCR1 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations (e) Reason This AD was prompted by a report of contact between certain electrical harnesses and the hatrack rod that could cause chafing between the harnesses and surrounding structure. We are issuing this AD to prevent chafing and possible short circuit of two oxygen chemical generator containers in different wiring routes, which could result in malfunction of the electrical opening of all the containers connected to these routes. Such conditions, during a sudden depressurization event, could result in lack of oxygen and consequent injuries to airplane occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. asabaliauskas on DSK5VPTVN1PROD with RULES (g) Modification Within 24 months after the effective date of this AD: Modify the routing of electrical harnesses 1523VB on the left-hand side and 1524VB on the right-hand side, at the level of the door 3 area between frames 53.6 and 53.8, and between stringers 14 and 15, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330– 92–3098 or A340–92–4084, both dated January 11, 2013, as applicable. (h) 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-116AMOC-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: As of the effective date of this AD, 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. (i) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) 2013– VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 0196, dated August 28, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http:// www.regulations.gov/#!docketDetail;D=FAA2014-0140-0002. (j) 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 A330–92–3098, dated January 11, 2013. (ii) Airbus Service Bulletin A340–92–4084, dated January 11, 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/ibrlocations.html. Issued in Renton, Washington, on October 15, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–25413 Filed 10–27–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Parts 300, 600, and 665 [Docket No. 130708597–4380–01] RIN 0648–BD46 Western Pacific Pelagic Fisheries; U.S. Territorial Catch and Fishing Effort Limits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; final specifications; effectiveness of collection-ofinformation requirements. AGENCY: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 64097 This final rule implements a management framework for specifying catch and effort limits and accountability measures for pelagic fisheries in the U.S. Pacific territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI). Using the established framework, NMFS is also specifying a catch limit of 2,000 metric tons (mt) of longline-caught bigeye tuna for each territory for 2014. A territory may allocate up to 1,000 mt of that limit to eligible U.S. longline fishing vessels. This final rule also makes several technical administrative changes to the regulations and announces the effectiveness of collection-ofinformation requirements. This action is consistent with international objectives of ending overfishing of bigeye tuna, while allowing for the limited transfer of available catch limits between U.S participating territories and eligible U.S. fisheries, consistent with the conservation requirements of the bigeye tuna stock. DATES: This final rule and final specifications are effective October 24, 2014. The deadline to submit a specified fishing agreement for review pursuant to § 665.819(b)(3) is November 28, 2014. ADDRESSES: You may review the background and details of this action in Amendment 7 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific. You may obtain a copy of Amendment 7 and supporting documents, identified by NOAA– NMFS–2012–0178, from the Federal e-Rulemaking Portal, www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20120178, or from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808– 522–8226, www.wpcouncil.org. You may submit written comments regarding the burden-hour estimates or other aspects of the collection-ofinformation requirements contained in this final rule to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818, and by email to OIRA_Submission@ omb.eop.gov or fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable Fisheries Division, 808–725–5176. SUPPLEMENTARY INFORMATION: NMFS and the Council manage the pelagic fisheries of American Samoa, Guam, the CNMI, and Hawaii under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). The Council SUMMARY: E:\FR\FM\28OCR1.SGM 28OCR1

Agencies

[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64094-64097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25413]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0140; Directorate Identifier 2013-NM-176-AD; 
Amendment 39-18004; AD 2014-21-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A330-200 and -300 series airplanes, and Model A340-200 and 
-300 series airplanes. This AD was prompted by a report of contact 
between certain electrical harnesses and the hatrack rod that could 
cause chafing between the harnesses and surrounding structure. This AD 
requires modifying the routing of certain electrical harnesses. We are 
issuing this AD to prevent chafing and possible short circuit of two 
oxygen chemical generator containers in different wiring routes, which 
could result in malfunction of the electrical opening of all the 
containers connected to these routes. Such conditions, during a sudden 
depressurization event, could result in lack of oxygen and consequent 
injuries to airplane occupants.

DATES: This AD becomes effective December 2, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 2, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0140; 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 certain Airbus Model A330-
200 and -300 series airplanes, and Model A340-200 and -300 series 
airplanes. The NPRM published in the Federal Register on March 12, 2014 
(79 FR 13929). The NPRM was prompted by

[[Page 64095]]

a report of contact between certain electrical harnesses and the 
hatrack rod that could cause chafing between the harnesses and 
surrounding structure. The NPRM proposed to require modifying the 
routing of certain electrical harnesses. We are issuing this AD to 
prevent chafing and possible short circuit of two oxygen chemical 
generator containers in different wiring routes, which could result in 
malfunction of the electrical opening of all the containers connected 
to these routes. Such conditions, during a sudden depressurization 
event, could result in lack of oxygen and consequent injuries to 
airplane occupants.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0196, dated August 28, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    On the production line, electrical harnesses 1523VB and 1524VB 
have been found in contact with hatrack rod at Frame (FR) 53.7 
between stringers (STR) 14 and 15. It was concluded that there is a 
risk of chaffing between these harnesses and the surrounding 
structure, which could lead to a short circuit on two oxygen 
chemical generator containers in different wiring routes. 
Consequently, the electrical opening of all the containers connected 
to these routes would not be possible, resulting in a malfunction of 
up to two thirds of the affected containers.
    This condition, if not corrected, could lead, in case of a 
sudden depressurization event, to lack of oxygen supply, possibly 
resulting in injuries to aeroplane occupants.
    To address this potential unsafe condition, Airbus developed two 
modifications of the routing of the affected harnesses.
    For the reasons described above, this [EASA] AD requires 
modification of the routing of harnesses 1523VB and 1524VB.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0140-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 13929, March 12, 
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, for certain new 
requirements, we proposed to change the phrase ``its delegated agent'' 
to include a design approval holder (DAH) with State of Design 
Authority 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

[[Page 64096]]

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.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by EASA for the DAH.

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 13929, March 12, 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 13929, March 12, 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 51 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                          Labor cost                   Parts cost                Cost per product          Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification........................  6 work-hours x $85 per hour  Up to $1,057...............  Up to $1,567...............  Up to $79,917.
                                       = $510.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0140; 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):

2014-21-10 Airbus: Amendment 39-18004. Docket No. FAA-2014-0140; 
Directorate Identifier 2013-NM-176-AD.

(a) Effective Date

    This AD becomes effective December 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes, all manufacturer 
serial numbers, on which Airbus Modification 48825 has been embodied 
in production; except for airplanes on which Airbus Modification 
52485, 40161, or 201669 has been embodied.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes, 
all manufacturer serial numbers, on which Airbus Modification 
48825D42865 has been embodied in production; except for airplanes on 
which Airbus Modification 55606 or 40161 has been embodied.

(d) Subject

    Air Transport Association (ATA) of America Code 92, Wiring 
Elements.

[[Page 64097]]

(e) Reason

    This AD was prompted by a report of contact between certain 
electrical harnesses and the hatrack rod that could cause chafing 
between the harnesses and surrounding structure. We are issuing this 
AD to prevent chafing and possible short circuit of two oxygen 
chemical generator containers in different wiring routes, which 
could result in malfunction of the electrical opening of all the 
containers connected to these routes. Such conditions, during a 
sudden depressurization event, could result in lack of oxygen and 
consequent injuries to airplane occupants.

(f) Compliance

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

(g) Modification

    Within 24 months after the effective date of this AD: Modify the 
routing of electrical harnesses 1523VB on the left-hand side and 
1524VB on the right-hand side, at the level of the door 3 area 
between frames 53.6 and 53.8, and between stringers 14 and 15, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-92-3098 or A340-92-4084, both dated January 11, 2013, 
as applicable.

(h) 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: As of the effective date of 
this AD, 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.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
2013-0196, dated August 28, 2013, for related information. This MCAI 
may be found in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0140-0002.

(j) 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 A330-92-3098, dated January 11, 
2013.
    (ii) Airbus Service Bulletin A340-92-4084, dated January 11, 
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 October 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-25413 Filed 10-27-14; 8:45 am]
BILLING CODE 4910-13-P