[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41657-41659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17403]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0653; Directorate Identifier 2010-NM-249-AD; 
Amendment 39-16745; AD 2011-14-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-342 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:
* * * * *
    Following a query from an operator, investigations revealed that 
some MSN [manufacturer serial number], for which Airbus modification 
40391 was indicated as fully embodied inside the Aircraft Inspection 
Report (AIR), did not have Modification Proposal (MP-S10437) which 
is part of this modification embodied in production.
    As a result, ALI [Airworthiness Limitation Item] task 533105-01-
02 has not been performed on the MSN listed in the applicability 
section of this AD, which constitutes an unsafe condition.
* * * * *

The unsafe condition is fatigue cracking of the internal structure of 
the fuselage, which could adversely affect the 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 August 1, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 1, 
2011.
    We must receive comments on this AD by August 29, 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 W12-140, 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 Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0173, dated August 17, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Airworthiness Limitation Item (ALI) task 533105-01-02 is 
applicable to aeroplanes on which Airbus modification 40391 has not 
been embodied in production. The requirements associated to this 
task are applicable to aeroplanes on which Modification Proposal 
(MP-S10437) has not been embodied.
    Following a query from an operator, investigations revealed that 
some MSN [manufacturer serial numbers], for which Airbus 
modification 40391 was indicated as fully embodied inside the 
Aircraft Inspection Report (AIR), did not have Modification Proposal 
(MP-S10437) which is part of this modification embodied in 
production.
    As a result, ALI task 533105-01-02 has not been performed on the 
MSN listed in the applicability section of this AD, which 
constitutes an unsafe condition.
    For the reasons described above, this AD requires repetitive 
special detailed inspections [for fatigue cracking of the internal 
structure of the fuselage] corresponding to ALI task 533105-01-02 
and the accomplishment of the associated corrective actions.

The unsafe condition is fatigue cracking of the internal structure of 
the fuselage, which could adversely affect the structural integrity of 
the airplane. The special detailed inspection is defined as an 
ultrasonic inspection in this AD. The corrective action is repairing 
any cracks in accordance with a method approved by the FAA or EASA (or 
its delegated agent). You may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-53-3185, 
including Appendices 01 and 02, dated May 20, 2010. 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

[[Page 41658]]

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-2011-0653; Directorate 
Identifier 2010-NM-249-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:

2011-14-10 Airbus: Amendment 39-16745. Docket No. FAA-2011-0653; 
Directorate Identifier 2010-NM-249-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-342 airplanes, 
manufacturer serial numbers (MSN) 0012 and 0017; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
* * * * *
    Following a query from an operator, investigations revealed that 
some MSN, for which Airbus modification 40391 was indicated as fully 
embodied inside the Aircraft Inspection Report (AIR), did not have 
Modification Proposal (MP-S10437) which is part of this modification 
embodied in production.
    As a result, ALI [Airworthiness Limitation Item] task 533105-01-
02 has not been performed on the MSN listed in the applicability 
section of this AD, which constitutes an unsafe condition.
* * * * *
The unsafe condition is fatigue cracking of the internal structure 
of the fuselage, which could adversely affect the 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.

Actions

    (g) Within the applicable time specified in table 1 of this AD, 
or within 90 days after the effective date of this AD, whichever 
occurs later: Do an ultrasonic inspection for cracks on the left 
hand side and right hand side of fuselage frame 39.1 at the fastener 
hole area just above stringer 28, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-53-3185, dated May 20, 2010. If any crack is found during any 
inspection required by this AD, before further flight repair using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent).

[[Page 41659]]



                        Table 1--Compliance Times
------------------------------------------------------------------------
         MSN--                      Initial compliance time--
------------------------------------------------------------------------
0012...................  Before the accumulation of 16,200 total flight
                          cycles, or 38,900 total flight hours,
                          whichever occurs first.
0017...................  Before the accumulation of 16,200 total flight
                          cycles, or within 38,000 total flight hours,
                          whichever occurs first.
------------------------------------------------------------------------

    (h) If no crack is found during the inspection required by 
paragraph (g) of this AD, repeat the inspection in paragraph (g) of 
this AD thereafter at intervals not to exceed 7,400 flight cycles or 
22,300 flight hours, whichever occurs first.

FAA AD Differences

    Note 1:  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 Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it 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. Information may be e-mailed to: 
[email protected]. Before using any approved AMOC, 
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 European Aviation Safety Agency Airworthiness 
Directive 2010-0173, dated August 17, 2010; and Airbus Mandatory 
Service Bulletin A330-53-3185, dated May 20, 2010; for related 
information.

Material Incorporated by Reference

    (k) You must use Airbus Mandatory Service Bulletin A330-53-3185, 
excluding Appendix 01 and including Appendix 02, all dated May 20, 
2010, to do the actions required by this AD, unless the AD specifies 
otherwise.
    (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 July 1, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-17403 Filed 7-14-11; 8:45 am]
BILLING CODE 4910-13-P