[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Proposed Rules]
[Pages 3759-3761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1202]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27014; Directorate Identifier 2006-NM-253-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued 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 un-damped extension of the main landing gear (MLG), 
potentially leading to loss of side stay integrity and then MLG 
collapse. The proposed AD would require actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 26, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; 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 proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

[[Page 3760]]

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27014; Directorate Identifier 2006-NM-253-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because 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 we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for the European Union, has issued Emergency Airworthiness 
Directive 2006-0324-E, dated October 20, 2006 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states that during full-scale fatigue tests, the 
retraction link failed on the latest growth production standard MLG 
(main landing gear) prior to its expected life limit. Investigations 
confirm that the root cause of this premature fracture is due to high 
lug stress. The retraction link is included in the ALS (Airworthiness 
Limitation section) Part 1--Safe Life Airworthiness Limitation Item--
and is currently limited to 35,200 flight cycles (FC). Its fracture 
causes un-damped extension of the MLG, potentially leading to loss of 
side stay integrity and then MLG collapse, which constitutes an unsafe 
condition. The aim of the MCAI is to mandate the reduced retraction 
link life limit and replacement of any retraction link that has 
exceeded this new limit. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telexes A330-32A3208, dated October 
18, 2006; and A340-32A4252, dated October 18, 2006. 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 Proposed 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 this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information provided by the State of Design Authority 
and determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This 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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 28 products of U.S. registry. We also estimate that 
it would take about 10 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $0 per product. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these costs. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $22,400, or $800 
per product.

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 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 this 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.

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:

    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 AD:

Airbus: Docket No. FAA-2007-27014; Directorate Identifier 2006-NM-
253-AD.

Comments Due Date

    (a) We must receive comments by February 26, 2007.

Affected ADs

    (b) Noune.

[[Page 3761]]

Applicability

    (c) This AD applies to Airbus Model A330 airplanes, and Model 
A340-200 and -300 series airplanes, certificated in any category; 
all serial numbers fitted with MLG (main landing gear) retraction 
link Part Number (PN) 201489311 (LH (left-hand) side) or PN 
201489312 (RH (right-hand) side).

Reason

    (d) The MCAI states that during full-scale fatigue tests, the 
retraction link failed on the latest growth production standard MLG 
(main landing gear) prior to its expected life limit. Investigations 
confirm that the root cause of this premature fracture is due to 
high lug stress. The retraction link is included in the ALS 
(Airworthiness Limitation section) Part 1--Safe Life Airworthiness 
Limitation Item--and currently limited to 35,200 flight cycles (FC). 
Its fracture causes un-damped extension of the MLG, potentially 
leading to loss of side stay integrity and then MLG collapse, which 
constitutes an unsafe condition. The aim of the MCAI is to mandate 
the reduced retraction link life limit and replacement of any 
retraction link that has exceeded this new limit.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Prior to the accumulation of 8,300 total landings on the 
retraction link assembly or within 39 days after the effective date 
of this AD, whichever occurs later, replace the retraction link 
assembly in accordance with the instructions defined in Airbus All 
Operators Telex A330-32A3208, dated October 18, 2006; or Airbus All 
Operators Telex A340-32A4252, dated October 18, 2006; as applicable.
    (2) Within 39 days after the effective date of this AD, report 
to Airbus the life accumulation information of each retraction link 
assembly affected by this AD in accordance with Airbus All Operators 
Telex A330-32A3208, dated October 18, 2006; or Airbus All Operators 
Telex A340-32A4252, dated October 18, 2006; as applicable.

    Note 1: This reduced life limit will be incorporated within the 
next revision of the Airbus A330/A340 ALS Part 1.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
ATTN: Tim Backman, Aerospace Engineer, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. 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.
    (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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (g) Refer to MCAI European Aviation Safety Agency Emergency 
Airworthiness Directive 2006-0324-E, dated October 20, 2006; and 
Airbus All Operators Telex A330-32A3208, dated October 18, 2006; and 
Airbus All Operators Telex A340-32A4252, dated October 18, 2006, for 
related information.

    Issued in Renton, Washington, on January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1202 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P