[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Proposed Rules]
[Pages 45965-45967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16112]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27715; Directorate Identifier 2006-NM-140-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to all Airbus Model A330-200, A330-300, 
A340-200, and A340-300 series airplanes; and Model A340-541 and A340-
642 airplanes. The original NPRM would have superseded an existing AD 
that currently requires operators to revise the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness (ICA) 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. The original NPRM proposed to revise the ALS, for all 
affected airplanes, by adding new Airworthiness Limitations Items 
(ALIs) to incorporate service life limits for certain items and 
inspections to detect fatigue cracking, accidental damage or corrosion 
in certain structures, in accordance with the revised ALS of the ICA. 
The original NPRM resulted from the issuance of new and more 
restrictive service life limits and structural inspections based on 
fatigue testing and in-service findings. This new action revises the 
original NPRM by adding airplanes, adding new requirements, and 
including more restrictive compliance thresholds and intervals. We are 
proposing this supplemental NPRM to detect and correct fatigue 
cracking, accidental damage, or corrosion in principal structural 
elements, and to prevent failure of certain life-limited parts, which 
could result in reduced structural integrity of the airplane.

DATES: We must receive comments on this supplemental NPRM by September 
10, 2007.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., 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

[[Page 45966]]

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 proposal. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2007-27715; Directorate Identifier 2006-NM-140-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground level of the West Building at the DOT street address stated in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after the Docket Management System receives them.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) (the 
``original NPRM'') to amend 14 CFR part 39 to include an AD that 
supersedes AD 2006-09-07, amendment 39-14577 (71 FR 25919, May 3, 
2006). The existing AD applies to all Airbus Model A330-200, A330-300, 
A340-200, and A340-300 series airplanes; and Model A340-541 and A340-
642 airplanes. The original NPRM was published in the Federal Register 
on March 28, 2007 (72 FR 14497). The original NPRM proposed to revise 
the ALS, for all affected airplanes, by adding new Airworthiness 
Limitations Items (ALIs) to incorporate service life limits for certain 
items and inspections to detect fatigue cracking, accidental damage, or 
corrosion in certain structures, in accordance with the revised ALS of 
the Instructions for Continued Airworthiness (ICA).

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, notified us that an unsafe condition might 
exist on all Airbus Model A330 and A340 airplanes. The EASA advises 
that Airbus has revised its service life limits and structural 
inspections based upon certification requirements. Fatigue cracking, 
accidental damage, or corrosion in principal structural elements and 
failure of certain life limited parts, if not corrected, could result 
in reduced structural integrity of the airplane.
    The EASA also advises that Airbus has revised Document AI/SE-M4/
95A.0051/97, ``A340 Airworthiness Limitations Items,'' from Issue 9, 
dated January 17, 2006, to Issue 10, dated February 1, 2007, to revise 
the applicability, threshold, and intervals of certain inspection tasks 
and to introduce new weight variant configurations. In addition, Airbus 
has issued A330 and A340 ALS Part 1--Safe Life Airworthiness Limitation 
Items, dated March 30, 2007, Sub-part 1-2, ``Life Limits,'' and Sub-
part 1-3, ``Demonstrated Fatigue Lives,'' of both ALS Part 1 documents 
to reduce certain limitations and add limitations corresponding to new 
weight variant configurations.
    Incorporating these revisions into the ALS of the Instructions for 
Continued Airworthiness is intended to ensure the continued structural 
integrity of these airplanes.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The EASA mandated 
the service information and issued EASA airworthiness directives 2007-
0133, dated May 11, 2007, and 2007-0158, dated June 4, 2007, to ensure 
the continued airworthiness of these airplanes in France. EASA 
airworthiness directive 2007-0133 supersedes airworthiness directives 
2006-0129 and 2006-0130, both dated May 22, 2006; and EASA 
airworthiness directive 2007-0158 supersedes airworthiness directive 
2006-0308, dated October 10, 2006. (EASA airworthiness directives 2006-
0129 and 2006-0130, both dated May 22, 2006; and 2006-0308, dated 
October 10, 2006; were identified in the original NPRM.)

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This proposed AD would affect about 37 airplanes of U.S. registry. 
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
                                                   Average                   Cost per      U.S.-
              Action                 Work hour    labor rate     Parts       airplane    registered   Fleet cost
                                                   per hour                              airplanes
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Revise the ALS, required by AD                1          $80         None          $80           20       $1,600
 2006-09-07.......................
Revise the ALS, new proposed                  1           80         None           80           37        2,960
 action...........................
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[[Page 45967]]

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 supplemental NPRM 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:

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


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14577 (71 FR 25919, May 3, 2006) and adding the 
following new airworthiness directive (AD):

AIRBUS: Docket No. FAA-2007-27715; Directorate Identifier 2006-NM-
140-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
17, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-09-07.

Applicability

    (c) This AD applies to all Airbus Model A330 and A340 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 (j) 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) 25-1529-1.

Unsafe Condition

    (d) This AD results from the issuance of new and more 
restrictive service life limits and structural inspections based on 
fatigue testing and in-service findings. We are issuing this AD to 
detect and correct fatigue cracking, accidental damage, or corrosion 
in principal structural elements, which could result in reduced 
structural integrity of the airplane.

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.

Restatement of Requirements of AD 2006-09-07

Airworthiness Limitations Revision

    (f) Within 3 months after June 7, 2006 (the effective date of AD 
2006-09-07): Revise the Airworthiness Limitations Section (ALS) of 
the Instructions for Continued Airworthiness by incorporating into 
the ALS the documents in paragraphs (f)(1) and (f)(2) of this AD, as 
applicable.
    (1) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitations Items,'' Issue 12, dated November 1, 2003, as specified 
in 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) or (j) 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.

New Requirements of This AD

ALS Revision

    (h) Within 3 months after the effective date of this AD: Revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate the documents specified in paragraphs (h)(1) and (h)(2) 
of this AD, as applicable. Accomplishing the revision in this 
paragraph terminates the requirements in paragraph (f) of this AD.
    (1) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items (ALI),'' Issue 14, dated October 10, 2005; or 
Airbus Document AI/SE-M4/95A.0051/97, ``A340 Airworthiness 
Limitations Items,'' Issue 10, dated February 1, 2007.
    (2) Sub-part 1-2 ``Life Limits,'' and Sub-part 1-3 
``Demonstrated Fatigue Lives,'' of Airbus A330 or A340 ALS Part 1, 
``Safe Life Airworthiness Limitation Items,'' dated March 30, 2007, 
as applicable.
    (i) Except as provided by paragraph (j) of this AD: After the 
actions in paragraph (h) 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 (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (k) European Aviation Safety Agency airworthiness directives 
2007-0133, dated May 11, 2007, and 2007-0158, dated June 4, 2007; 
also address the subject of this AD.

    Issued in Renton, Washington, on August 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-16112 Filed 8-15-07; 8:45 am]
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