[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Proposed Rules]
[Pages 69288-69291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22588]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22973; Directorate Identifier 2004-NM-67-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes; and A340-541 and A340-642 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Model A330-200, A330-300,

[[Page 69289]]

A340-200, and A340-300 series airplanes; and A340-541 and A340-642 
airplanes. This proposed AD would require operators to revise the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness to incorporate new information. This information 
includes, for all affected airplanes, decreased life limit values for 
certain components; and for Model A330-200 and -300 series airplanes, 
new inspections, compliance times, and new repetitive intervals to 
detect fatigue cracking, accidental damage, or corrosion in certain 
structures. This proposed AD results from a revision to subsection 9-1 
of the Airbus A330 and A340 Maintenance Planning Documents (MPD) for 
Life Limits/Monitored parts, and subsection 9-2 of the Airbus A330 MPD 
for Airworthiness Limitations Items. We are proposing this AD to ensure 
the continued structural integrity of these airplanes.

DATES: We must receive comments on this proposed AD by December 15, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer 
International Branch, ANM-116, FAA, International Branch, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-22973; 
Directorate Identifier 2004-NM-67-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all Airbus Model A330-200, A330-300, 
A340-200, and A340-300 series airplanes; and A340-541 and A340-642 
airplanes.
    The DGAC advises that Airbus A300 Maintenance Planning Document 
(MPD) subsection 9-2, ``Airworthiness Limitations Items,'' has been 
revised to reference Issue 12, dated November 1, 2003, of the 
Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness. Issue 12 results from the completion of 
fatigue and damage tolerance evaluations and introduces, for Model A330 
series airplanes, new inspections, compliance times, and repetitive 
intervals to detect fatigue cracking, accidental damage, or corrosion 
in certain structures of the airplane.
    The DGAC also advises that the list of life limited/monitored parts 
given in Section 9-1 of the Airbus A330 and A340 MPDs has been revised. 
The revision provides mandatory replacement times approved under 
section 25.571 of the Joint Aviation Requirements and the Federal 
Aviation Regulations (14 CFR 25.571), and applies to all Airbus Model 
A330-200, A330-300, A340-200, and A340-300 series airplanes; and A340-
541 and A340-642 airplanes. The DGAC advises that certain life limits 
must be imposed for various components on these airplanes to prevent 
the onset of fatigue cracking, and that the limits for certain 
components have decreased in these new revisions.
    Incorporating these revisions into the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness is intended to 
ensure the continued structural integrity of these airplanes.

Relevant Service Information

    Airbus has issued Document AI/SE-M4/95A.0089/97, ``A330 
Airworthiness Limitation Items'' (ALI), Issue 12, dated November 1, 
2003, of the Airbus A330 MPD, Section 9-2. The ALI document contains 
items related to evaluations of fatigue and damage tolerance arising 
from fatigue-critical and flight-cycle accidental damage, and a 
requirement to control corrosion. Issue 12 specifies new inspections, 
compliance times, and repetitive intervals to detect fatigue cracking, 
accidental damage, or corrosion in certain structures.
    Airbus has also issued Section 9-1, ``Life Limits/Monitored 
Parts,'' Revision 05, dated April 7, 2005, of the Airbus A330 and A340 
MPDs. The MPDs include the airworthiness limits for Airbus Model A330-
200, A330-300, A340-200, and A340-300 series airplanes; and A340-541 
and A340-642 airplanes. Revision 05 increases the life limits of 
certain components of the MLG and nose landing gear (NLG) for Model 
A340-541 and A340-642 airplanes, and decreases the existing life limits 
for other MLG and NLG components for other Airbus Model A330-200, A330-
300, A340-200, and A340-300 series airplanes.
    Accomplishing the actions specified in these documents is intended 
to adequately address the unsafe condition. The DGAC mandated these 
documents and issued French airworthiness directives F-2004-024, dated 
February 18, 2004; F-2005-069, dated April 27, 2005; and F-2005-070, 
dated April 27, 2005; to ensure the

[[Page 69290]]

continued airworthiness of these airplanes in France.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes (section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529), and the 
Appendices referenced in that section), all products certificated to 
comply with that section must have Instructions for Continued 
Airworthiness (or, for some products, maintenance manuals) that include 
an ALS. That section must set forth:
     Mandatory replacement times for structural components,
     Structural inspection intervals, and
     Related approved structural inspection procedures 
necessary to show compliance with the damage-tolerance requirements.
    Compliance with the terms specified in the ALS is required by 
sections 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, we must engage in rulemaking, namely the issuance of an 
AD. For products certificated to comply with the referenced part 25 
requirements, it is within our authority to issue an AD requiring a 
revision to the ALS that includes reduced life limits, or new or 
different structural inspection requirements. These revisions then are 
mandatory for operators under section 91.403(c) of the Federal Aviation 
Regulations (14 CFR 91.403), which prohibits operation of an airplane 
for which airworthiness limitations have been issued unless the 
inspection intervals specified in those limitations have been complied 
with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to ADs that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require operators 
to revise the ALS of the Instructions for Continued Airworthiness to 
incorporate new inspections, compliance times, and repetitive intervals 
to detect fatigue cracking, accidental damage, or corrosion in certain 
structures.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                    Action                       Work    Average labor                Parts                  Cost per       registered      Fleet cost
                                                hours    rate per hour                                       airplane        airplanes
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Revise the ALS...............................        1             $65  None............................             $65              20          $1,300
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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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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 proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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


[[Page 69291]]


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


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-22973; Directorate Identifier 2004-NM-
67-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 15, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, and -243 airplanes; A330-301, -321, -322, -323, -341, -342, -
343 airplanes; A340-211, -212, and -213 airplanes; A340-311, -312, 
and -313 airplanes; A340-541 airplanes; and A340-642 airplanes; 
certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (h) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

Unsafe Condition

    (d) This AD results from a revision to subsection 9-1 of the 
Airbus A330 and A340 Maintenance Planning Documents (MPD) for Life 
Limits/Monitored parts, and subsection 9-2 of the Airbus A330 MPD 
for Airworthiness Limitations Items. We are issuing this AD to 
ensure the continued structural integrity of these airplanes.

Compliance

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

Airworthiness Limitations Revision

    (f) Within 3 months after the effective date of this AD, revise 
the Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness by incorporating into the ALS the documents 
in paragraph (f)(1) and (f)(2) of this AD, as applicable.
    (1) Document AI/SE-M4/95A.0089/97, ``Airworthiness Limitations 
Items,'' Issue 12, dated November 1, 2003, Section 9-2 of the Airbus 
A330 Maintenance Planning Document (MPD).
    (2) Section 9-1, ``Life Limits/Monitored parts,'' Revision 05, 
dated April 7, 2005, of the Airbus A330 and A340 MPDs.
    (g) Except as provided by paragraph (h) of this AD: After the 
actions in paragraph (f) of this AD have been accomplished, no 
alternative inspections or inspection intervals may be approved for 
the structural elements specified in the documents listed in 
paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) French airworthiness directives F-2004-024, dated February 
18, 2004; F-2005-069, dated April 27, 2005; and F-2005-070, dated 
April 27, 2005; also address the subject of this AD.

    Issued in Renton, Washington, on November 7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22588 Filed 11-14-05; 8:45 am]
BILLING CODE 4910-13-P