[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49442-49445]
From the Federal Register Online via the Government Publishing 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 [email protected]; 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: [email protected]. 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 [email protected];
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]
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