[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Rules and Regulations]
[Pages 1538-1540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31287]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1230; Directorate Identifier 2009-NM-088-AD; 
Amendment 39-16165; AD 2010-01-07]
RIN 2120-AA64


Airworthiness Directives; Airbus (Type Certificate Previously 
Held by Airbus Industrie) Model A340-200, -300, -500, and -600 Series 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated 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:
* * * * *
    * * * Revision 00 of AIRBUS A340 ALS [Airworthiness Limitations 
Section] Part 3:

--adds new CMR (Certification Maintenance Requirements) tasks 
associated with modifications,
--revises the applicability of some CMR tasks,
--revises some CMR tasks with increased intervals,
--revises a CMR task with a more restrictive interval,
--deletes CMR task 282300-B0002-1-C * * *.
    Some of those changes constitute more restrictive requirements 
for aeroplane configuration already in service. Failure to comply 
with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an 
unsafe condition.
* * * * *
The unsafe condition is a safety-significant latent failures that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition. This 
AD requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective January 27, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 27, 
2010.
    We must receive comments on this AD by February 26, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 227-1138; fax (425) 
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0098, dated April 22, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The Certification Maintenance Requirements (CMR) were given in 
the AIRBUS A340 CMR Document reference 955.3019/92 up to revision 
15, which was mandated by EASA AD 2007-0240, and referenced in the 
Airworthiness Limitations Section (ALS) Part 3. The content of the 
CMR Document has been recently transferred into the ALS Part 3 
Revision 00, which is

[[Page 1539]]

approved by the European Aviation Safety Agency (EASA).
    This Revision 00 of AIRBUS A340 ALS Part 3:

--adds new CMR tasks associated with modifications,
--revises the applicability of some CMR tasks,
--revises some CMR tasks with increased intervals,
--revises a CMR task with a more restrictive interval,
--deletes CMR task 282300-B0002-1-C which is the subject of EASA AD 
2007-0279.

    Some of those changes constitute more restrictive requirements 
for aeroplane configuration already in service. Failure to comply 
with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an 
unsafe condition. This new AD * * * requires the implementation of 
Revision 00 of AIRBUS A340 ALS Part 3.

The unsafe condition is a safety-significant latent failures that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition. This 
AD requires revising the ALS of the Instructions for Continued 
Airworthiness by incorporating new and revised CMRs. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A340 ALS, Part 3--Certification Maintenance 
Requirements (CMR), Revision 00, including Appendices 1 and 2, dated 
July 31, 2008. 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 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 the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-1230; Directorate 
Identifier 2009-NM-088-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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); 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 AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 AD:

2010-01-07 Airbus (Type Certificate Previously Held by Airbus 
Industrie): Amendment 39-16165. Docket No. FAA-2009-1230; 
Directorate Identifier 2009-NM-088-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
27, 2010.

Affected ADs

    (b) None.

[[Page 1540]]

Applicability

    (c) This AD applies to all Airbus (Type Certificate previously 
held by Airbus Industrie) Model A340-211, -212, -213, -311, -312, -
313, -541, and -642 series airplanes; certificated in any category; 
all serial numbers.

    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 (g)(1) 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.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:

    The Certification Maintenance Requirements (CMR) were given in 
the AIRBUS A340 CMR Document reference 955.3019/92 up to revision 
15, which was mandated by EASA AD 2007-0240, and referenced in the 
Airworthiness Limitations Section (ALS) Part 3. The content of the 
CMR Document has been recently transferred into the ALS Part 3 
Revision 00, which is approved by the European Aviation Safety 
Agency (EASA).
    This Revision 00 of AIRBUS A340 ALS Part 3:

--adds new CMR tasks associated with modifications,
--revises the applicability of some CMR tasks,
--revises some CMR tasks with increased intervals,
--revises a CMR task with a more restrictive interval,
--deletes CMR task 282300-B0002-1-C which is the subject of EASA AD 
2007-0279.

    Some of those changes constitute more restrictive requirements 
for aeroplane configuration already in service. Failure to comply 
with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an 
unsafe condition. This new AD * * * requires the implementation of 
Revision 00 of AIRBUS A340 ALS Part 3.
    The unsafe condition is a safety-significant latent failure that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition. 
This AD requires revising the ALS of the Instructions for Continued 
Airworthiness by incorporating new and revised CMRs.

Actions and Compliance

    (f) Unless already done, within 3 months after the effective 
date of this AD, revise the ALS of the Instructions for Continued 
Airworthiness by incorporating Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 00, dated 
July 31, 2008 (``ALS, Part 3''). Accomplish the actions specified in 
the ALS, Part 3, at the times specified in the ALS, Part 3, and in 
accordance with the ALS, Part 3, except as provided by paragraphs 
(f)(1) and (f)(2) of this AD.
    (1) Count the associated interval for any new task from the 
effective date of this AD, except that Airbus A340 CMR Task 212100-
00001-1-C must be performed at the later of the times specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Before the accumulation of 2,600 total flight hours since 
the date of issuance of the original French airworthiness 
certificate or the date of issuance of the original French or EASA 
export certificate of airworthiness.
    (ii) Within 800 flight hours or 3 months, whichever comes first, 
after the approval date of Revision 00 of the ALS, Part 3.
    (2) Count the associated interval for any revised task from the 
previous performance of the task.
    (3) Doing the revision required by paragraph (f) of this AD 
terminates the requirements of paragraph (f) of AD 2007-05-08, 
Amendment 39-14969, for that airplane only.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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. Send information to ATTN: 
Vladimir Ulyanov, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-1138; fax (425) 227-1149. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
principal maintenance inspector (PMI) or principal avionics 
inspector (PAI), as appropriate, or lacking a principal inspector, 
your local Flight Standards District Office. The AMOC approval 
letter must specifically reference this AD.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2009-0098, dated April 22, 2009; 
and Airbus A340 ALS, Part 3--Certification Maintenance Requirements 
(CMR), Revision 00, dated July 31, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus A340 ALS, Part 3--Certification 
Maintenance Requirements (CMR), Revision 00, including Appendices 1 
and 2, dated July 31, 2008, to do the actions required by this AD, 
unless the AD specifies otherwise. (The title page of this document 
does not specify a revision date; the revision date is specified on 
all other pages of the document. Only the title page and the Record 
of Revisions specify the revision level of this document.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For 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, e-mail [email protected]; 
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31287 Filed 1-11-10; 8:45 am]
BILLING CODE 4910-13-P