[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Proposed Rules]
[Pages 19294-19296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07799]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0190; Directorate Identifier 2012-NM-188-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2011-17-
08, which applies to all Airbus Model A330-200 series airplanes, Model 
A330-200 Freighter series airplanes, and Model A330-300 series 
airplanes. AD 2011-17-08 currently requires revising the maintenance 
program by incorporating certain Airworthiness Limitation Items (ALIs). 
Since we issued AD 2011-17-08, Airbus has revised a certain ALI 
document, which specifies more restrictive instructions and/or 
airworthiness limitations. This proposed AD would revise the 
maintenance or inspection program, as applicable, to incorporate new or 
revised structural inspection requirements. We are proposing this AD to 
detect and correct fatigue cracking, damage, and corrosion in certain 
structure, which could result in reduced structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by May 23, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to 
http:[sol][sol]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.
    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; email [email protected]; Internet 
http:[sol][sol]www.airbus.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. 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:[sol][sol]www.regulations.gov by searching for and locating Docket 
No. FAA-2014-0190; or in person at the Docket Management Facility 
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, WA 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-2014-0190; 
Directorate Identifier 2012-NM-188-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:[sol][sol]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

    On August 2, 2011, we issued AD 2011-17-08, Amendment 39-16772 (76 
FR 53303, August 26, 2011), which superseded AD 2006-09-07, Amendment 
39-14577 (71 FR 25919, May 3, 2006). AD 2011-17-08 required actions 
intended to address an unsafe condition on the products listed above.
    Since we issued AD 2011-17-08, Amendment 39-16772 (76 FR 53303, 
August 26, 2011), the European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
has issued EASA Airworthiness Directive 2012-0211, dated October 12, 
2012 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The airworthiness limitations are currently defined and 
published in the Airbus A330 Airworthiness Limitations Section 
(ALS).
    The airworthiness limitations applicable to the Damage Tolerant 
Airworthiness Limitation Items (DT ALI) are currently specified in 
Airbus A330 ALI, Airbus Document reference AI/SE-M4/95A.0089/97, 
which is approved by EASA and referenced in Airbus ALS Part 2.
    Issue 19 of the Airbus A330 ALI Document introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with the relevant instructions could 
result in an unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2010-0174 [http:[sol][sol]ad.easa.europa.eu/
blob/easa--ad--2010--0174--superseded.pdf/AD--2010-0174--1] [which 
corresponds to FAA AD 2011-17-08, Amendment 39-16772 (76 FR 53303, 
August 26, 2011)], which is superseded, and requires the 
implementation of the new or more restrictive maintenance 
instructions and/or airworthiness limitations as specified in Airbus 
A330 ALI Document reference AI/SE-M4/95A.0089/97 issue 19.

    The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural integrity 
of the airplane. You may examine the MCAI in the AD docket on the 
Internet at http:[sol][sol]www.regulations.gov by searching for and 
locating it in Docket No. FAA-2014-0190.

Relevant Service Information

    Airbus has issued the following service information.

[[Page 19295]]

     Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items,'' Issue 19, dated March 23, 2012.
     Variations to Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012 
(variations reference 0GVLG120018/C0S, dated October 24, 2012.
     Variation to Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012 
(variation reference 0GVLG120022/C0S, dated December 21, 2012).
     Variations to Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012 
(variations reference 0GVLG130002/C01, dated March 26, 2013).
    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.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions 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 
(l)(1) of this proposed AD. The request should include a description of 
changes to the required actions that will ensure the continued damage 
tolerance of the affected structure.

Costs of Compliance

    We estimate that this proposed AD affects 30 airplanes of U.S. 
registry.
    The actions that are required by AD 2011-17-08, Amendment 39-16772 
(76 FR 53303, August 26, 2011), 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 actions 
that were required by AD 2011-17-08 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $2,550, 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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

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. Amend Sec.  39.13 by removing airworthiness directive (AD) 2011-17-
08, Amendment 39-16772 (76 FR 53303, August 26, 2011), and adding the 
following new AD:

Airbus: Docket No. FAA-2014-0190; Directorate Identifier 2012-NM-
188-AD.

(a) Comments Due Date

    We must receive comments by May 23, 2014.

(b) Affected ADs

    This AD supersedes AD 2011-17-08, Amendment 39-16772 (76 FR 
53303, August 26, 2011).

(c) Applicability

    This AD applies to Model A330-201, -202, -203, -223, -223F, -
243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
airplanes; certificated in any category; all manufacturer serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
inspections.

(e) Reason

    This AD was prompted by a revision of certain airworthiness 
limitations items (ALI) documents, which specify more restrictive 
instructions and/or airworthiness limitations. We are issuing this 
AD to detect and correct fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural 
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance Program Revision

    This paragraph restates the requirements of paragraph (h) of AD 
2011-17-08, Amendment 39-16772 (76 FR 53303, August 26, 2011). 
Within 3 months after September 30, 2011 (the effective date of this 
AD 2011-17-08): Revise the maintenance program by incorporating 
Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items,'' Issue 17, dated May 28, 2010. At the times 
specified in Airbus Document AI/SE-M4/95A.0089/97, ``A330

[[Page 19296]]

Airworthiness Limitation Items,'' Issue 17, dated May 28, 2010, 
comply with all applicable maintenance requirements and associated 
airworthiness limitations included in Airbus Document AI/SE-M4/
95A.0089/97, ``A330 Airworthiness Limitation Items,'' Issue 17, 
dated May 28, 2010.

(h) Retained Requirement: No Alternative Intervals or Limits

    This paragraph restates the requirements of paragraph (i) of AD 
2011-17-08, Amendment 39-16772 (76 FR 53303, August 26, 2011). 
Except as provided by paragraphs (i) and (k)(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.

(i) New Maintenance or Inspection Program Revision

    (1) Within 3 months after the effective date of this AD: Revise 
the maintenance or inspection program, as applicable, by 
incorporating Airbus Document AI/SE-M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012; 
and Variations to Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012 
(variations reference 0GVLG120018/C0S, dated October 24, 2012; and 
0GVLG130002/C01, dated March 26, 2013).
    (2) Comply with all applicable instructions and airworthiness 
limitations included in Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012; 
and Variations to Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012 
(variations reference 0GVLG120018/C0S, dated October 24, 2012; and 
0GVLG130002/C01, dated March 26, 2013). The initial compliance times 
for the actions specified Airbus Document AI/SE-M4/95A.0089/97, 
``A330 Airworthiness Limitation Items,'' Issue 19, dated March 23, 
2012; and Variations to Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012 
(variations reference 0GVLG120018/C0S, dated October 24, 2012; and 
0GVLG130002/C01, dated March 26, 2013); are at the times specified 
in Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items,'' Issue 19, dated March 23, 2012; and Variations 
to Airbus Document AI/SE M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items,'' Issue 19, dated March 23, 2012 (variations 
reference 0GVLG120018/C0S, dated October 24, 2012; and 0GVLG130002/
C01, dated March 26, 2013); or within 3 months after the effective 
date of this AD, whichever occurs later. Accomplishing the revision 
in this paragraph ends the requirements in paragraph (g) of this AD.

(j) New Optional Compliance

    Compliance with the tasks 533021-02-01, 533021-02-02, 533021-02-
03 specified in Variation to Airbus Document AI/SE M4/95A.0089/97, 
``A330 Airworthiness Limitation Items,'' Issue 19, dated March 23, 
2012 (variation reference 0GVLG120022/C0S, dated December 21, 2012), 
may be used as a method of compliance to tasks 533021-01-01, 533021-
01-02, 533021-01-03 specified in Section 2.2.1 and 2.2.2 of Airbus 
Document AI/SE M4/95A.0089/97, ``A330 Airworthiness Limitation 
Items,'' Issue 19, dated March 23, 2012.

(k) New Requirement: No Alternative Intervals or Limits

    Except as provided by paragraph (j) of this AD, after the 
maintenance or inspection program has been revised as required by 
paragraph (i) of this AD, no alternative actions (e.g., inspections) 
or intervals may be used unless the actions or intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (l)(1) of this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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, WA 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Information may be emailed 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. AMOCs approved previously for AD 2011-17-08, Amendment 39-16772 
(76 FR 53303, August 26, 2011), are approved as AMOCs for the 
corresponding provisions of paragraph (g) 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 its delegated agent, or the DAH with a State of Design 
Authority's design organization approval, as applicable). You are 
required to assure the product is airworthy before it is returned to 
service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0211, dated October 12, 2012, for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0190.
    (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; email [email protected]; 
Internet http://www.airbus.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on March 28, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-07799 Filed 4-7-14; 8:45 am]
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