
[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Rules and Regulations]               
[Page 65406-65409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1112; Directorate Identifier 2009-NM-237-AD; 
Amendment 39-16132; AD 2009-25-12]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes; Model A340-200 and -300 Series Airplanes; and Model A340-500 
and -600 Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results

[[Page 65407]]

from mandatory continuing airworthiness information (MCAI) originated 
by an aviation authority of another country to identify and correct an 
unsafe condition on an aviation product. The MCAI describes the unsafe 
condition as:

    In-Service experience has shown cases where several oxygen 
containers could not fully open.
    Investigations have revealed that these events are due to an 
insufficient clearance between the oxygen container and the adjacent 
panels (Passenger Service Unit (PSU), spacers or filler panels).
    Incorrect opening of the oxygen containers could lead to non 
deployment of oxygen masks.
    This condition, if not detected and corrected, could prevent 
passengers from being supplied with oxygen in case of in flight 
cabin depressurization * * *.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 28, 
2009.
    We must receive comments on this AD by January 25, 2010.

ADDRESSES: You may send comments 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains 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. 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, Washington 98057-3356; telephone (425) 
227-1138; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0237-E, dated October 30, 2009 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    In-Service experience has shown cases where several oxygen 
containers could not fully open.
    Investigations have revealed that these events are due to an 
insufficient clearance between the oxygen container and the adjacent 
panels (Passenger Service Unit (PSU), spacers or filler panels).
    Incorrect opening of the oxygen containers could lead to non 
deployment of oxygen masks.
    This condition, if not detected and corrected, could prevent 
passengers from being supplied with oxygen in case of in flight 
cabin depressurization, which would constitute an unsafe condition.
    To prevent such condition, this AD requires a one-time [general 
visual] inspection of the oxygen containers and adjacent panels 
installation and corrective actions, as necessary, to ensure an 
adequate clearance between these components.

Corrective actions include adjusting oxygen containers and tightening 
locking devices. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telexes A330-35A3026, A340-35A4027, 
and A340-35A5019, all dated October 26, 2009. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
compliance time defined in the MCAI is 150 flight hours for 
accomplishing the initial inspection for insufficient clearance between 
the oxygen container and the adjacent panels. Incorrect opening of the 
oxygen containers could lead to non-deployment of the oxygen masks, 
which could prevent passengers from being supplied with oxygen in case 
of in-flight cabin depressurization. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-1112; Directorate 
Identifier 2009-NM-237-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

[[Page 65408]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-25-12 Airbus: Amendment 39-16132. Docket No. FAA-2009-1112; 
Directorate Identifier 2009-NM-237-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, all serial numbers, 
certificated in any category, if delivered before October 26, 2009.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 series airplanes, on 
which Airbus modification 48809 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
series airplanes, on which Airbus modification 48809 has been 
embodied in production.
    (3) Airbus Model A340-541 and -642 airplanes.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    In-Service experience has shown cases where several oxygen 
containers could not fully open.
    Investigations have revealed that these events are due to an 
insufficient clearance between the oxygen container and the adjacent 
panels (Passenger Service Unit (PSU), spacers or filler panels).
    Incorrect opening of the oxygen containers could lead to 
nondeployment of oxygen masks.
    This condition, if not detected and corrected, could prevent 
passengers from being supplied with oxygen in case of in-flight 
cabin depressurization, which would constitute an unsafe condition.
    To prevent such condition, this AD requires a one-time [general 
visual] inspection of the oxygen containers and adjacent panels 
installation and corrective actions, as necessary, to ensure an 
adequate clearance between these components.

Corrective actions include adjusting oxygen containers and 
tightening locking devices.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Unless already done, do the following actions:
    (1) Within 150 flight hours after the effective date of this AD: 
Do a general visual inspection of the clearance between the oxygen 
container door lid and the adjacent panel/component of each cabin 
oxygen container located in the passenger service channel, in 
accordance with paragraph 4.2 of the applicable all operators telex 
(AOT) identified in Table 1 of this AD.

                      Table 1--Service Information
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         For model--             Airbus AOT--            Dated--
------------------------------------------------------------------------
A330-200 and -300 series       A330-35A3026....  October 26, 2009.
 airplanes.
A340-200 and -300 series       A340-35A4027....  October 26, 2009.
 airplanes.
A340-500 and -600 series       A340-35A5019....  October 26, 2009.
 airplanes.
------------------------------------------------------------------------

    (2) If any clearance is determined to be less than 2.0 
millimeters during any inspection required by paragraph (g)(1) of 
this AD: Before further flight, do all corrective actions in 
accordance with paragraph 4.2 of the applicable AOT identified in 
Table 1 of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

[[Page 65409]]

    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0237-E, dated October 30, 2009; and the service 
information specified in Table 2 of this AD; for related 
information.

                  Table 2--Related Service Information
------------------------------------------------------------------------
             Airbus AOT--                            Dated--
------------------------------------------------------------------------
A330-35A3026..........................  October 26, 2009.
A340-35A4027..........................  October 26, 2009.
A340-35A5019..........................  October 26, 2009.
------------------------------------------------------------------------

Material Incorporated by Reference

    (j) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise. (Only the first page of these documents 
contains the document number, revision level, and date; no other 
page of these documents contains this information.)

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
             Airbus AOT--                            Dated--
------------------------------------------------------------------------
A330-35A3026..........................  October 26, 2009.
A340-35A4027..........................  October 26, 2009.
A340-35A5019..........................  October 26, 2009.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80; e-mail: airworthiness.A330-A340@airbus.com; 
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 30, 2009.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-29378 Filed 12-9-09; 8:45 am]

BILLING CODE 4910-13-P
