[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Proposed Rules]
[Pages 46861-46864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19179]


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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

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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 airworthiness limitations applicable to the Certification 
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3, 
which is approved by the European Aviation Safety Agency (EASA).
    The revision 02 of Airbus A330 ALS Part 3 introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with this revision constitutes an 
unsafe condition.
* * * * *

    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 August 30, 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.

[[Page 46862]]

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 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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
January 29, 2010 (75 FR 4710). That earlier NPRM proposed to supersede 
AD 2007-05-08, Amendment 39-14969 (72 FR 96580, March 5, 2007), to 
require actions intended to address the unsafe condition for the 
products listed above.
    Since that NPRM was issued, Airbus has released new service 
information. In addition, the European Aviation Safety Agency (EASA), 
which is the Technical Agent for the Member States of the European 
Community, has issued EASA Airworthiness Directive 2010-0048, dated 
March 19, 2010 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    The airworthiness limitations are currently distributed in the 
Airbus A330 Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to the Certification 
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3, 
which is approved by the European Aviation Safety Agency (EASA).
    The revision 02 of Airbus A330 ALS Part 3 introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with this revision constitutes an 
unsafe condition.
    This new AD retains the requirements of EASA AD 2008-0138, which 
is superseded [EASA AD 2008-0138 superseded EASA AD 2006-0224, which 
corresponds to FAA AD 2007-05-08; FAA AD 2007-05-08 also contains 
similar actions for Model A340 airplanes], and requires the 
implementation of the new or more restrictive maintenance 
requirements and/or airworthiness limitations as specified in Airbus 
A330 ALS Part 3 revision 02.

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

Comments

    We have considered the following comments received on the earlier 
NPRM.

Request To Update Service Information

    Air Transport Association (ATA), on behalf of its member Delta, 
requests that we update the NPRM to reference Airbus A330 ALS Part 3--
Certification Maintenance Requirements, Revision 02, including 
Appendices 1 and 2, dated December 16, 2009.
    We agree to reference Airbus A330 ALS Part 3--Certification 
Maintenance Requirements, Revision 02, including Appendices 1 and 2, 
dated December 16, 2009, as an appropriate source of service 
information. Airbus Airworthiness Limitations Section (ALS) Part 3, 
Revision 02, dated December 16, 2009, contains more restrictive 
maintenance requirements and airworthiness limitations. We have issued 
this supplemental NPRM to provide the public with opportunity to 
comment.

Change to Proposed Applicability

    We have revised the applicability statement of this supplemental 
NPRM to remove the Airbus Model A340-200, -300, -500, and -600 series 
airplanes. We have issued AD 2010-01-07, Amendment 39-16165 (75 FR 
1538, January 12, 2010), and that AD applies to Model A340-211, -212, -
213, -311, -312, -313, -541, and -642 airplanes. That AD addresses the 
identified unsafe condition for those airplanes.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

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.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work-hour to $85 per 
work-hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly labor rate.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 58 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 $85 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this

[[Page 46863]]

proposed AD. The average labor rate is $85 per work-hour. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $4,930, or $85 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.

Comments Due Date

    (a) We must receive comments by August 30, 2010.

Affected ADs

    (b) This 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 
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 airworthiness limitations applicable to the Certification 
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3, 
which is approved by the European Aviation Safety Agency (EASA).
    The revision 02 of Airbus A330 ALS Part 3 introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with this revision constitutes an 
unsafe condition.
* * * * *
    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.

    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) 25-1529-1A.

Restatement of Requirements of AD 2007-05-08, With Requirements for 
Model A340 Airplanes Removed

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. 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) and (f)(2) 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.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, within 90 days of the effective date of 
this AD: Revise the ALS of the Instructions for Continued 
Airworthiness by incorporating Airbus A330 ALS, Part 3--
Certification Maintenance Requirements, Revision 02, dated December 
16, 2009. At the times specified in the Airbus A330 ALS, Part 3--
Certification Maintenance Requirements, Revision 02, dated December 
16, 2009, comply with all applicable maintenance requirements and 
associated airworthiness limitations included in Airbus A330 ALS, 
Part 3--Certification Maintenance Requirements, Revision 02, dated 
December 16, 2009. Doing this revision terminates the requirements 
of paragraph (f) of this AD for that airplane only.
    (h) After accomplishing the action required by paragraph (g) of 
this AD, no alternative inspections or inspection intervals may be 
used, unless the inspections or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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

[[Page 46864]]

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

    (j) Refer to EASA Airworthiness Directives 2006-0225, dated July 
21, 2006, and 2010-0048, dated March 19, 2010; Airbus A330 
Certification Maintenance Requirements, Document 955.2074/93, Issue 
19, dated March 22, 2006; and Airbus A330 ALS, Part 3--Certification 
Maintenance Requirements, Revision 02, dated December 16, 2009; for 
related information.

    Issued in Renton, Washington, on July 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19179 Filed 8-3-10; 8:45 am]
BILLING CODE 4910-13-P