AD 2016-03-07

[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Rules and Regulations]
[Pages 12405-12409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-04538]



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Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Rules 
and Regulations

[[Page 12405]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3149; Directorate Identifier 2015-NM-014-AD; 
Amendment 39-18394; AD 2016-03-07]
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 all 
Airbus Model A330-200, -200 Freighter, and -300 series airplanes, and 
all Airbus Model A340-200, -300, -500, and -600 series airplanes. 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. This AD requires inspecting to determine 
if certain passenger chemical oxygen generators are installed, and 
replacement of affected generators. 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.

DATES: This AD becomes effective April 13, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 13, 
2016.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2015-3149; 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 Airbus service information identified in this final rule, 
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 <a href="/cdn-cgi/l/email-protection#5938302b2e362b2d3130373c2a2a77186a6a6974186a6d691938302b3b2c2a773a3634"><span class="__cf_email__" data-cfemail="d6b7bfa4a1b9a4a2bebfb8b3a5a5f897e5e5e6fb97e5e2e696b7bfa4b4a3a5f8b5b9bb">[email&#160;protected]</span></a>; Internet 
<a href="http://www.airbus.com">http://www.airbus.com</a>.
    For B/E Aerospace service information identified in this final 
rule, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; 
telephone 913-338-9800; fax 913-469-8419; Internet <a href="http://beaerospace.com/home/globalsupport">http://beaerospace.com/home/globalsupport</a>.
    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. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2015-
3149.

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, 
-200 Freighter, and -300 series airplanes; and all Airbus Model A340-
200, -300, -500, and -600 series airplanes. The NPRM published in the 
Federal Register on August 31, 2015 (80 FR 52419).
    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, correction 
January 12, 2016 (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) 
117042-XX (XX representing any numerical value), 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 were 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 oxygen generators manufactured 
after 2001, and requires their removal from service before exceeding 
10 years since date of manufacture.
    This [EASA] AD was republished to correct a typographical error 
in the applicability.

    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2015-3149-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM (80 FR 
52419, August 31, 2015) and the FAA's response.

Request To Remove Operator Identification

    Airbus asked that we remove the operator identification from the 
chemical oxygen generator pictured in Figure 2 to paragraph (g) of the 
proposed AD (80 FR 52419, August 31, 2015). Airbus stated that Figure 2 
to paragraph (g) should replicate Figure 2

[[Page 12406]]

in EASA AD 2015-0119, dated June 24, 2015, which was published with no 
signs or references to an operator.
    We agree with the commenter for the reason provided. We have 
changed the oxygen generator picture in Figure 2 to paragraph (g) of 
this AD accordingly.

Clarification of Oxygen Generators for Replacement

    We have revised paragraph (i) in this AD to clarify the identity of 
the oxygen generators to be replaced.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (80 FR 52419, August 31, 2015) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 52419, August 31, 2015).

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, Revision 01, dated 
June 17, 2015. 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.

Costs of Compliance

    We estimate that this AD affects 91 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 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 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 <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=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 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):

2016-03-07 Airbus: Amendment 39-18394. Docket No. FAA-2015-3149; 
Directorate Identifier 2015-NM-014-AD.

(a) Effective Date

    This AD becomes effective April 13, 2016.

(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; except those on which a gaseous system 
for all oxygen generators is installed.
    (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.

(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

[[Page 12407]]

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 to 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 of 
Airbus Alert Operators Transmission (AOT) A35L007-14, Revision 01, 
June 17, 2015, including Appendix A, Revision 01, dated June 17, 
2015. A review of airplane maintenance records is acceptable in lieu 
of this inspection if the date of manufacture of the generator can 
be conclusively determined from that review.
    (1) 117042-02 (15 minutes (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] TR09MR16.000
    

[[Page 12408]]


[GRAPHIC] [TIFF OMITTED] TR09MR16.001

(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, Revision 01, dated June 17, 2015 (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 or Later 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 or later 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, Revision 01, dated June 17, 2015 (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 part number, provided that the generator has not exceeded

[[Page 12409]]

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), (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.

(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: <a href="/cdn-cgi/l/email-protection#ead3c7aba4a7c7dbdbdcc7aba7a5a9c7b8afbbbfafb9beb9aa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="94adb9d5dad9b9a5a5a2b9d5d9dbd7b9c6d1c5c1d1c7c0c7d4f2f5f5baf3fbe2">[email&#160;protected]</span></a>. 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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0119, dated June 24, 2015, 
correction January 12, 2016, for related information. This MCAI may 
be found in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2015-3149.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(5) of this AD.

(o) 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 Alert Operators Transmission (AOT) A35L007-14, 
Revision 01, June 17, 2015; including Appendix A, Revision 01, dated 
June 17, 2015. The revision date is not shown on Appendix A.
    (ii) B/E Aerospace Service Bulletin 117042-35-001, dated 
December 10, 2014.
    (3) For Airbus 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 <a href="/cdn-cgi/l/email-protection#1f7e766d68706d6b7776717a6c6c315e2c2c2f325e2c2b2f5f7e766d7d6a6c317c7072"><span class="__cf_email__" data-cfemail="e4858d96938b96908c8d8a819797caa5d7d7d4c9a5d7d0d4a4858d96869197ca878b89">[email&#160;protected]</span></a>; 
Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) For B/E Aerospace service information identified in this AD, 
contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; 
telephone 913-338-9800; fax 913-469-8419; Internet <a href="http://beaerospace.com/home/globalsupport">http://beaerospace.com/home/globalsupport</a>.
    (5) 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.
    (6) 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on February 19, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-04538 Filed 3-8-16; 8:45 am]
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