[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8610-8612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3065]



[[Page 8610]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0040; Directorate Identifier 2010-NM-185-AD; 
Amendment 39-16606; AD 2011-04-06]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

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:
* * * * *
    The airworthiness limitations applicable to Damage Tolerant 
Airworthiness Limitation Items (DT ALI) are currently given in 
Airbus A340 ALI Document reference AI/SE-M4/95A.0051/97, which is 
approved by the European Aviation Safety Agency (EASA) and 
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 11 of Airbus A340 ALI Document introduces more 
restrictive maintenance requirements/airworthiness limitations. 
Failure to comply with this issue 11 constitutes an unsafe 
condition.
    This new [EASA] AD retains the requirements of EASA AD 2007-
0158, which is superseded, and requires the implementation of the 
more restrictive maintenance requirements/airworthiness limitations 
as specified in Airbus A340 ALI Document AI/SE-M4/95A.0051/97 issue 
11.

The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural integrity 
of the airplane. This AD requires actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: This AD becomes effective March 2, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 2, 
2011.
    We must receive comments on this AD by April 1, 2011.

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, 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: 

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for the Member States of the European Community, has issued 
EASA Airworthiness Directive 2010-0036, dated March 8, 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 included in Airbus 
A340 Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to Damage Tolerant 
Airworthiness Limitation Items (DT ALI) are currently given in 
Airbus A340 ALI Document reference AI/SE-M4/95A.0051/97, which is 
approved by the European Aviation Safety Agency (EASA) and 
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 11 of Airbus A340 ALI Document introduces more 
restrictive maintenance requirements/airworthiness limitations. 
Failure to comply with this issue 11 constitutes an unsafe 
condition.
    This new [EASA] AD retains the requirements of EASA AD 2007-
0158, which is superseded, and requires the implementation of the 
more restrictive maintenance requirements/airworthiness limitations 
as specified in Airbus A340 ALI Document AI/SE-M4/95A.0051/97 issue 
11.

The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural integrity 
of the airplane. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A340 Airworthiness Limitation Items, Document AI/
SE-M4/95A.0051/97, Issue 11, dated February 20, 2009. This document 
provides the mandatory time for maintenance tasks, structural 
inspection intervals, and related structural inspection procedures. 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.

[[Page 8611]]

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-2011-0040; Directorate 
Identifier 2010-NM-185-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

    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:

2011-04-06 Airbus: Amendment 39-16606. Docket No. FAA-2011-0040; 
Directorate Identifier 2010-NM-185-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 2, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, and -213 
airplanes; A340-311, -312, and -313 airplanes; A340-541 airplanes; 
and A340-642 airplanes; certificated in any category; all 
manufacturer 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 (i)(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.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
European Aviation Safety Agency (EASA) AD 2009-0192 states:

    The airworthiness limitations are currently included in Airbus 
A340 Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to Damage Tolerant 
Airworthiness Limitation Items (DT ALI) are currently given in 
Airbus A340 ALI Document reference AI/SE-M4/95A.0051/97, which is 
approved by the European Aviation Safety Agency (EASA) and 
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 11 of Airbus A340 ALI Document introduces more 
restrictive maintenance requirements/airworthiness limitations. 
Failure to comply with this issue 11 constitutes an unsafe 
condition.
    This new [EASA] AD retains the requirements of EASA AD 2007-
0158, which is superseded, and requires the implementation of the 
more restrictive maintenance requirements/airworthiness limitations 
as specified in Airbus A340 ALI Document AI/SE-M4/95A.0051/97 issue 
11.

The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural 
integrity of the airplane.

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.

Revise the Maintenance Program

    (g) Within 3 months after the effective date of this AD: Revise 
the maintenance program by incorporating Airbus A340 Airworthiness 
Limitation Items (ALI), Document AI/SE-M4/95A.0051/97, Issue 11, 
dated February 20, 2009. At the times specified in Section 2 of 
Airbus A340 ALI Document AI/SE-M4/95A.0051/97, Issue 11, dated 
February 20, 2009, comply with all applicable maintenance 
requirements and associated airworthiness limitations included in 
Airbus A340 ALI Document AI/SE-M4/95A.0051/97, Issue 11, dated 
February 20, 2009.

Alternative Intervals or Limits

    (h) Except as provided by paragraph (i)(1) of this AD, after 
accomplishing the actions specified in paragraph (g) of this AD, no 
alternatives to the maintenance tasks, intervals, or limitations 
specified in paragraph (g) of this AD may be used.

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, 
International

[[Page 8612]]

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 appropriate principal inspector, or lacking a 
principal inspector, the manager of the local flight standards 
district office/certificate holding 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

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0036, dated 
March 8, 2010; and Airbus A340 ALI, Document AI/SE-M4/95A.0051/97, 
Issue 11, dated February 20, 2009; for related information.

Material Incorporated by Reference

    (k) You must use the service information contained in Airbus 
A340 Airworthiness Limitation Items, Document AI/SE-M4/95A.0051/97, 
Issue 11, dated February 20, 2009; to do the actions required by 
this AD, unless the AD specifies otherwise. Airbus Document AI/SE-
M4/95A.0051/97 contains the following list of effective pages:

----------------------------------------------------------------------------------------------------------------
      Page title/description            Page No.(s)           Issue No.              Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Title Page.......................  None shown..........  11.................  February 20, 2009.
Table of Contents................  1-TOC...............  None shown*........  February 20, 2009.
Record of Revisions..............  1-ROR--4-ROR........  None shown*........  February 20, 2009.
Introduction.....................  1-9.................  None shown*........  February 20, 2009.
Airworthiness Limitations:
    Section 2-1 --A340-200/300     1-102...............  11.................  February 2009.
     Airworthiness Limitations.
    Section 2-2 --A340-500/600     1-67................  11.................  February 2009.
     Airworthiness Limitations.
Appendix A--Summary of Changes...  APXA-1 -APXA-13.....  None shown*........  February 20, 2009.
Appendix B--Abbreviations........  APXB-1..............  None shown*........  February 20, 2009.
Appendix C--Terms and Definitions  APXC-1..............  None shown*........  February 20, 2009.
----------------------------------------------------------------------------------------------------------------
(*The issue number is indicated only on the title page and Airworthiness Limitations pages 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.
    (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 February 3, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-3065 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-13-P