[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Proposed Rules]
[Pages 4710-4713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1924]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1212; Directorate Identifier 2008-NM-167-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes and A340-200, -300, -500, and -600 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), 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 that would supersede an existing AD. This 
proposed 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: The revision 00 of the AIRBUS 
A330 ALS [Airworthiness Limitations Section] Part 3 was issued 
primarily to introduce two new CMR [Certification Maintenance 
Requirements] tasks, referenced 282400-G0001-1-C and 282400-P0001-1-C. 
ALS Part 3 Revision 01 introduces more restrictive requirements for 
aircraft configurations already in service. The unsafe condition is 
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. 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 March 15, 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.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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 proposed 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, Aerospace Engineer, 
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:

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-2009-1212; 
Directorate Identifier 2008-NM-167-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 based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any

[[Page 4711]]

personal information you provide. We will also post a report 
summarizing each substantive verbal contact we receive about this 
proposed AD.

Discussion

    On February 22, 2007, we issued AD 2007-05-08, Amendment 39-14969 
(72 FR 9658, March 5, 2007). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2007-05-08, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2008-0138, 
dated July 23, 2008 (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 A330 CMR Document up to revision 19, and referenced in 
the Airworthiness Limitations Section (ALS) Part 3 Revision 00. The 
content of the CMR Document has been recently transferred into the 
ALS Part 3, which is approved by the European Aviation Safety Agency 
(EASA).
    The revision 00 of the AIRBUS A330 ALS Part 3 was issued 
primarily to introduce two new CMR tasks, referenced 282400-G0001-1-
C and 282400-P0001-1-C. The compliance times associated to these two 
tasks are re-stated in the Record Of Revisions (ROR) of the ALS Part 
3 Revision 01.
    ALS Part 3 Revision 01 introduces more restrictive requirements 
for aircraft configurations already in service.
    EASA AD 2006-0224 [which corresponds to FAA AD 2007-05-08 and 
includes Model A340 airplanes], mandating compliance with the 
requirements of the A330 CMR Document at issue 19, is therefore 
superseded by this AD.

The unsafe condition is 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. The required 
actions also include deleting Airbus A330 CMR Task 272400-00001-1-C and 
adding new Task 272400-00003-1-C. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Airbus A330 ALS Part 3--Certification Maintenance 
Requirements (CMR), Revision 01, including Appendices 1 and 2, dated 
May 7, 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 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 the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an 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 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 43 products of U.S. registry.
    The actions that are required by AD 2007-05-08 and retained in this 
proposed AD take about 1 work-hour per product, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $80 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $3,440, or $80 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, Incorporation by 
reference, 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 removing Amendment 39-14969 (72 FR 
9658, March 5, 2007) and adding the following new AD:

Airbus: Docket No. FAA-2009-1212; Directorate Identifier 2008-NM-
167-AD.

[[Page 4712]]

Comments Due Date

    (a) We must receive comments by March 15, 2010.

Affected ADs

    (b) The proposed AD supersedes AD 2007-05-08, Amendment 39-
14969.

Applicability

    (c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
series airplanes; Model A340-211, -212, -213, -311, -312, -313 
series airplanes; and Model A340-541, and -642 series airplanes, 
certificated in any category; all serial numbers.

Subject

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

Reason

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

    The Certification Maintenance Requirements (CMR) were given in 
the AIRBUS A330 CMR Document up to revision 19, and referenced in 
the Airworthiness Limitations Section (ALS) Part 3 Revision 00. The 
content of the CMR Document has been recently transferred into the 
ALS Part 3, which is approved by the European Aviation Safety Agency 
(EASA).
    The revision 00 of the AIRBUS A330 ALS Part 3 was issued 
primarily to introduce two new CMR tasks, referenced 282400-G0001-1-
C and 282400-P0001-1-C. The compliance times associated to these two 
tasks are re-stated in the Record of Revisions (ROR) of the ALS Part 
3 Revision 01.
    ALS Part 3 Revision 01 introduces more restrictive requirements 
for aircraft configurations already in service.
    EASA AD 2006-0224 [which corresponds to FAA AD 2007-05-08 and 
includes Model A340 airplanes], mandating compliance with the 
requirements of the A330 CMR Document at issue 19, is therefore 
superseded by this AD.

The unsafe condition is 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. The 
required actions also include deleting Airbus A330 CMR Task 272400-
00001-1-C and adding new Task 272400-00003-1-C.

    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) 25-1529-1.

Restatement of Requirements of AD 2007-05-08

Revise the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness

    (f) Unless already done: Within 90 days after April 9, 2007 (the 
effective date of AD 2007-05-08), revise the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness 
by incorporating Airbus A330 Certification Maintenance Requirements, 
Document 955.2074/93, Issue 19, dated March 22, 2006 (for all Model 
A330 airplanes); or Airbus A340 Certification Maintenance 
Requirements, Document 955.3019/92, Issue 14, dated December 19, 
2005 (for all Model A340 airplanes). Accomplish the actions 
specified in the applicable CMR at the times specified in the 
applicable CMR and in accordance with the applicable CMR, except as 
provided by paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this 
AD.
    (1) The associated interval for any new task is to be counted 
from April 9, 2007.
    (2) The associated interval for any revised task is to be 
counted from the previous performance of the task.
    (3) For Model A340 airplanes that have exceeded the more 
restrictive limitations of Airbus A340 Certification Maintenance 
Requirements, Document 955.3019/92, Issue 14, Maintenance 
Significant Items (MSI) 21.28.00 and 21.43.00: Do the task within 
2,500 flight hours after the previous accomplishment. Repeat the 
task thereafter at the applicable interval in the Airbus A340 
Certification Maintenance Requirements, Document 955.3019/92, Issue 
14.
    (4) For Model A340 airplanes that have accumulated more than 
2,700 flight hours since the last maintenance done in accordance 
with Airbus A340 Certification Maintenance Requirements, Document 
955.3019/92, Issue 14, MSI 28.24.00: Do the next task within 800 
flight hours after April 9, 2007. Repeat the task thereafter at the 
applicable interval in the Airbus A340 Certification Maintenance 
Requirements, Document 955.3019/92, Issue 14.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, for Airbus Model A330-201, -202, -203, 
-223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
series airplanes: Within 90 days of the effective date of this AD, 
revise the Airworthiness Limitations section (ALS) of the 
Instructions for Continued Airworthiness by incorporating Airbus 
A330 ALS, Part 3--Certification Maintenance Requirements (CMR), 
Revision 01, dated May 7, 2008. Accomplish the actions specified in 
Airbus A330 Airworthiness Limitations Section (ALS), Part 3--
Certification Maintenance Requirements (CMR), Revision 01, dated May 
7, 2008, at the times specified in the Airbus A330 ALS--Part 3--
Certification Maintenance Requirements (CMR), Revision 01, dated May 
7, 2008, and in accordance with the Airbus A330 Airworthiness 
Limitations Section (ALS), Part 3--Certification Maintenance 
Requirements (CMR), Revision 01, dated May 7, 2008, except as 
provided by paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this 
AD. Doing this revision terminates the requirements of paragraph (f) 
of this AD for that airplane only.
    (1) The associated interval for any new task is to be counted 
from the effective date of this AD.
    (2) The associated interval for any revised task is to be 
counted from the previous performance of the task.
    (3) Delete the Airbus A330 CMR Task 272400-00001-1-C ``Remove 
Rudder Servo Controls for Workshop Check of Internal Seals.''
    (4) Add the new Airbus A330 CMR Task 272400-00003-1-C 
``Functional Check of Rudder Individual Servo Controls.'' This task 
must be accomplished before the airplane accumulates 50,000 total 
flight hours, or within 90 days after the effective date of this AD, 
whichever occurs later.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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, Aerospace Engineer, 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. AMOCs 
approved previously in accordance with AD 2007-05-08, Amendment 39-
14969, are approved as AMOCs for the corresponding requirements of 
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.

[[Page 4713]]

Related Information

    (i) Refer to EASA Airworthiness Directives 2006-0224, dated July 
27, 2006, and 2008-0138, dated July 23, 2008; Airbus A330 
Certification Maintenance Requirements, Document 955.2074/93, Issue 
19, dated March 22, 2006; Airbus A340 Certification Maintenance 
Requirements, Document 955.3019/92, Issue 14, dated December 19, 
2005; and Airbus A330 ALS, Part 3--Certification Maintenance 
Requirements (CMR), including Appendices 1 and 2, Revision 01, dated 
May 7, 2008; for related information.

    Issued in Renton, Washington, on January 22, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1924 Filed 1-28-10; 8:45 am]
BILLING CODE 4910-13-P