[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16696-16698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0278; Directorate Identifier 2009-NM-255-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-223, -321, -322, and 
-323 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. 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: During accomplishment of Damage Tolerant--Airworthiness 
Limitation Item task 712106-01-01 from A330 ALS Part 2, an A330 
operator found a Fluorescent Penetrant Inspection (FPI) indication in 
the head of the shank filet radius in one of the Pratt & Whitney (PW) 
forward (FWD) engine mount pylon bolts. Dual-bolt fractures could lead 
to inability for mount assembly to sustain loads which may lead to an 
engine mount failure and consequently to engine separation from the 
aeroplane during flight, which would constitute an unsafe 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 May 17, 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.

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

[[Page 16697]]

this proposed AD. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2010-0278; Directorate 
Identifier 2009-NM-255-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 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 Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0240, dated November 5, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During accomplishment of Damage Tolerant--Airworthiness 
Limitation Item task 712106-01-01 from A330 ALS Part 2, an A330 
operator found a Fluorescent Penetrant Inspection (FPI) indication 
in the head of the shank filet radius in one of the Pratt & Whitney 
(PW) forward (FWD) engine mount pylon bolts.
    Investigation has confirmed that this FPI indication was due to 
a quality manufacturing process issue which led to a bolt non-
conformance and is also applicable to aft ward (AFT) mount pylon 
bolts.
    Dual-bolt fractures could lead to inability for mount assembly 
to sustain loads which may lead to an engine mount failure and 
consequently to engine separation from the aeroplane during flight, 
which would constitute an unsafe condition.
    This AD requires a one time detailed visual inspection of the 
FWD and AFT mount pylon bolts on all A330 aeroplanes fitted with PW 
engines (8 bolts per engine) and replacement of any affected bolt.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-71-3020, 
including Appendix 1, dated June 10, 2009. 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 41 products of U.S. registry. We also estimate that 
it would take about 7 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $16,672 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 $707,947, or $17,267 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 adding the following new AD:


[[Page 16698]]


Airbus: Docket No. FAA-2010-0278; Directorate Identifier 2009-NM-
255-AD.

Comments Due Date

    (a) We must receive comments by May 17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-223, -321, -322, and -
323 airplanes; certificated in any category; all manufacturer serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 71: 
Powerplant.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During accomplishment of Damage Tolerant--Airworthiness 
Limitation Item task 712106-01-01 from A330 ALS Part 2, an A330 
operator found a Fluorescent Penetrant Inspection (FPI) indication 
in the head of the shank filet radius in one of the Pratt & Whitney 
(PW) forward (FWD) engine mount pylon bolts.
    Investigation has confirmed that this FPI indication was due to 
a quality manufacturing process issue which led to a bolt non-
conformance and is also applicable to aft ward (AFT) mount pylon 
bolts.
    Dual-bolt fractures could lead to inability for mount assembly 
to sustain loads which may lead to an engine mount failure and 
consequently to engine separation from the aeroplane during flight, 
which would constitute an unsafe condition.
    This AD requires a one time detailed visual inspection of the 
FWD and AFT mount pylon bolts on all A330 aeroplanes fitted with PW 
engines (8 bolts per engine) and replacement of any affected bolt.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do a detailed inspection to determine the part number, 
serial number, and lot number of the forward and aft mount pylon 
bolts on both engines, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-71-3020, 
dated June 10, 2009. Inspect at the later of the times specified in 
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Before the accumulation of 8,000 total flight cycles or 
24,000 total flight hours, whichever occurs first.
    (2) Within 24 months after the effective date of this AD.
    (h) If the identified part number, serial number, or lot number 
corresponds to a suspect bolt number identified in Pratt & Whitney 
Service Bulletin PW4G-100-71-35, dated March 14, 2008, before 
further flight remove the affected bolt and replace with a 
serviceable bolt, in accordance with the Accomplishment Instructions 
of Airbus Mandatory Service Bulletin A330-71-3020, dated June 10, 
2009.
    (i) If the bolt part number, serial number, or lot number is 
unreadable, before further flight remove the affected bolt and 
replace with a serviceable bolt, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-71-3020, dated June 10, 2009.
    (j) As of the effective date of this AD, no person may install 
any forward or aft mount pylon bolt on any airplane, unless this 
bolt has been identified as a non-suspect bolt, in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-71-3020, dated June 10, 2009.
    (k) Although Airbus Mandatory Service Bulletin A330-71-3020, 
dated June 10, 2009, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: Although the MCAI or service information 
tells you to submit information to the manufacturer, paragraph (k) 
of this AD specifies that such submittal is not required.

Other FAA AD Provisions

    (l) 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.
    (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.

Related Information

    (m) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2009-0240, dated November 5, 2009; and 
Airbus Mandatory Service Bulletin A330-71-3020, dated June 10, 2009; 
for related information.

    Issued in Renton, Washington, on March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7460 Filed 4-1-10; 8:45 am]
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