[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Proposed Rules]
[Pages 36288-36290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14480]


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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 supplemental NPRM (SNPRM) 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 The original NPRM would have superseded an 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. The first supplemental NPRM 
revised the original NPRM by adding airplanes, adding new requirements, 
and including more restrictive compliance thresholds and intervals. 
This new action revises the first supplemental NPRM by adding a new 
weight variant configuration, and including more restrictive compliance 
thresholds and intervals. We are proposing this second 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 July 21, 
2008.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://www.regulations.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 
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

[[Page 36289]]

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

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a supplemental notice of proposed rulemaking 
(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 
first supplemental NPRM was published in the Federal Register on August 
16, 2007 (72 FR 45965). 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). The first supplemental 
NPRM proposed to add airplanes, add new requirements, and include more 
restrictive compliance thresholds and intervals.

Actions Since First Supplemental NPRM Was Issued

    Since we issued the first supplemental NPRM, the European Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community, issued EASA airworthiness directive 
2008-0023, dated February 6, 2008.
    The EASA advises that Airbus has revised Document AI/SE-M4/
95A.0089/97, ``A330 Airworthiness Limitation Items (ALI),'' from Issue 
14, dated October 10, 2005, to Issue 15, dated March 26, 2007, to add a 
new weight variant configuration and include more restrictive 
compliance thresholds and intervals.
    Incorporating this revision into the ALS of the Instructions for 
Continued Airworthiness is intended to ensure the continued structural 
integrity of these airplanes.

Explanation of Additional Changes to the First Supplemental NPRM

    For standardization purposes, we have revised this AD in the 
following ways:
    We have revised paragraph (i) of this AD to specify that no 
alternative inspections/limitation tasks or inspection/limitation task 
intervals may be used unless the inspections/limitation tasks or 
inspection/limitation task intervals are part of a later approved 
revision of the documents specified in paragraphs (h)(1) and (h)(2) of 
this AD, as applicable, or unless they are approved as an alternative 
method of compliance (AMOC). Inclusion of this paragraph in the AD is 
intended to ensure that the AD-mandated airworthiness limitations 
changes are treated the same as the airworthiness limitations issued 
with the original type certificate.
    We have simplified the language in Note 1 of this AD to clarify 
that an operator must request approval for an AMOC if the operator 
cannot accomplish the required inspections because an airplane has been 
previously modified, altered, or repaired in the areas addressed by the 
required inspections.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

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

Costs of Compliance

    This proposed AD would affect about 41 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 U.S.-
                  Action                      Work hour     Average labor              Parts                 Cost per       registered      Fleet cost
                                                            rate per hour                                    airplane        airplanes
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Revise the ALS, required by AD 2006-09-07               1             $80  None.........................             $80              20          $1,600
Revise the ALS, new proposed action......               1              80  None.........................              80              41           3,280
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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.

[[Page 36290]]

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 July 28, 
2008.

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)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

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, until paragraph (h) of this AD is accomplished.
    (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 15, dated March 26, 2007; 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,'' Revision 01, dated 
March 30, 2007, as applicable.
    (i) After accomplishing the actions specified in paragraph (h) 
of this AD, no alternative inspections/limitation tasks or 
inspection/limitation task intervals may be used unless the 
inspections/limitation tasks or inspection/limitation task intervals 
are part of a later approved revision of the documents specified in 
paragraphs (h)(1) and (h)(2) of this AD, as applicable, that is 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or unless the inspection/limitation task 
or inspection/limitation task interval is approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (j)(1) 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 
2008-0023, dated February 6, 2008, 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 June 13, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14480 Filed 6-25-08; 8:45 am]
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