[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Proposed Rules]
[Pages 47387-47390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19155]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0525; Directorate Identifier 2013-NM-235-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 adopt a new airworthiness directive (AD) for 
certain Airbus Model A330-300 and A340-200 and -300 series airplanes. 
This proposed AD was prompted by a report of substantial inner skin 
disbonding damage found on a rudder. This proposed AD would require 
performing an inspection for damage of certain rudders, and repair if 
necessary. We are proposing this AD to detect and correct damage of the 
rudder, which could result in reduced structural integrity of the 
rudder.

DATES: We must receive comments on this proposed AD by September 29, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.
    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://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.

[[Page 47388]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0525; 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-2014-0525; 
Directorate Identifier 2013-NM-235-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0270R1, dated November 27, 2013 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A330-300 and A340-200 and -300 series airplanes. The MCAI states:

    One A310 operator found substantial inner skin disbonding damage 
on a rudder. The results of the subsequent investigation revealed 
that the most probable cause of this damage was a blunt impact with 
no visible damage from outside during the rudder handling. Such type 
of damage might grow with pressure variation during ground-air-
ground cycles, and tests performed with other rudders showed a rapid 
propagation of damage during artificial pressure cycling.
    This condition, if not detected and corrected, could affect the 
structural integrity of the rudder.
    For the affected A310 and A300-600 aeroplanes, EASA issued AD 
2013-0039 [(http://ad.easa.europa.eu/blob/easa_ad_2013_0039.pdf/AD_2013-0039)], to address and correct this potential unsafe 
condition.
    As potentially affected rudders can also be installed on A330 
and A340 aeroplanes, Airbus issued Alert Operator Transmission (AOT) 
A55L001-12 [dated December 20, 2012], pending Aircraft Maintenance 
Manual (AMM) 27-21-41 PB401 revision, to provide operators with 
updated rudder handling procedures.
    EASA issued AD 2013-0270 [(http://ad.easa.europa.eu/blob/easa_ad_2013_0270.pdf/AD_2013-0270)], to require identification of 
affected rudders P/N [part number] A55471500XXX (where XXX stands 
for any numerical value), a one-time ultrasonic test (UT) inspection 
of each affected rudder to detect signs of disbonding and, depending 
on findings, accomplishment of applicable corrective action(s).
    After [EASA] AD 2013-0270 was issued, operators commented that 
the batch of rudders to be inspected was not correctly defined.
    For the reason described above, [EASA] AD 2013-0270 is revised 
to clarify that no action is required for rudders previously 
inspected in accordance with Airbus Service Bulletin (ASB) A330-55-
3038 [dated November 7, 2007] or SB A340-55-4034 [dated November 7, 
2007] [which corresponds to FAA AD 2009-10-11, Amendment 39-15907 
(74 FR 23622, May 20, 2009)], as applicable to aeroplane model, 
provided the rudder has never been removed and/or installed on an 
aeroplane since this inspection.

    Required actions include an elasticity of laminate checker 
inspection of the rudder side panel to detect external and internal 
disbonding, and a woodpecker or tap test inspection to detect external 
disbonding, and repair if necessary. You may examine the MCAI in the AD 
docket on the Internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2014-0525.

Relevant Service Information

    Airbus has issued Alert Operators Transmission A55L001-12, dated 
December 20, 2012. 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.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages

[[Page 47389]]

provided by the manufacturer as approval of deviations during the 
accomplishment of an AD-mandated action. The Airworthy Product 
paragraph does not approve messages or other information provided by 
the manufacturer for deviations to the requirements of the AD-mandated 
actions. The Airworthy Product paragraph only addresses the requirement 
to contact the manufacturer for corrective actions for the identified 
unsafe condition and does not cover deviations from other AD 
requirements. However, deviations to AD-required actions are addressed 
in 14 CFR 39.17, and anyone may request the approval for an alternative 
method of compliance to the AD-required actions using the procedures 
found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 74 airplanes of U.S. 
registry.
    We also estimate that it would take about 12 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 $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $75,480, or $1,020 per product.
    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this proposed 
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 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2014-0525; Directorate Identifier 2013-NM-
235-AD.

(a) Comments Due Date

    We must receive comments by September 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-301, -302, -303, -321, -
322, -323, -341, -342, and -343 airplanes; and Model A340-211, -212, 
-213, -311, -312, and -313 airplanes; certificated in any category; 
except airplanes on which Airbus Modification 41800 has been 
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a report of substantial inner skin 
disbonding damage on a rudder. We are issuing this AD to detect and 
correct damage of the rudder, which could result in reduced 
structural integrity of the rudder.

(f) Compliance

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

(g) Rudder Assembly Identification

    Within 3 months after the effective date of this AD, inspect for 
the rudder assembly part number and serial number, in accordance 
with Airbus Alert Operators Transmission (AOT) A55L001-12, dated 
December 20, 2012. If the part number or serial number cannot be 
identified, before further flight, identify the part number and 
serial number using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

[[Page 47390]]

(h) Inspection

    If a rudder assembly having any part number starting with 
A55471500 or A55471500XXX (where XXX stands for any numerical value) 
is found during the inspection required by paragraph (g) of this AD, 
and has been inspected before the effective date of this AD, as 
specified in Airbus Service Bulletin A300-55-3038, dated November 7, 
2007; or Airbus Service Bulletin A310-55-4034, dated November 7, 
2007; as applicable; and has been removed and installed on any 
airplane after the inspection, or that rudder has been inspected 
off-wing: Before further flight, do an ultrasonic test inspection 
for damage (e.g., disbonding and liquid ingress) of the rudder side 
panel along the Z-profile and in the booster area, in accordance 
with Airbus AOT A55L001-12, dated December 20, 2012. If any damage 
is found, before further flight, do the inspections specified in 
paragraphs (h)(1) and (h)(2) of this AD to confirm disbonding 
damage, in accordance with AOT A55L001-12, dated December 20, 2012.
    (1) Do an elasticity of laminate checker inspection to detect 
external and internal disbonding.
    (2) Do a woodpecker or tap test inspection to detect external 
disbonding.

(i) Repair

    If any disbonding or damage (e.g. liquid ingress) is confirmed 
during any inspection required by paragraphs (h), (h)(1), and (h)(2) 
of this AD, repair at the time specified in paragraph (i)(1), 
(i)(2), or (i)(3) of this AD, as applicable.
    (1) If the disbonding is less than or equal to 50 millimeters 
(mm) in width and less than or equal to 150 mm in length: Before 
further flight, vent the rudder core using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or EASA; or Airbus's EASA DOA. Within 100 flight 
cycles after venting the rudder core, do a permanent repair using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. 
If approved by the DOA, the approval for the venting and repair 
methods must include the DOA-authorized signature.
    (2) If the disbonding is greater than 50mm in width, or greater 
than 150 mm in length: Before further flight, repair using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (3) If any damage other than disbonding (e.g., liquid ingress) 
is confirmed during any inspection required by paragraph (h) of this 
AD, before further flight, repair, using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or EASA; or Airbus's EASA DOA. If approved by the 
DOA, the approval must include the DOA-authorized signature.

(j) Parts Installation Limitation

    As of the effective date of this AD, you may install, on any 
airplane, a rudder assembly having part number A55471500XXX (where 
XXX stands for any numerical value), provided the inspection 
required by paragraph (h) of this AD and all applicable repair 
actions required by paragraph (i) of this AD are done before further 
flight.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Tranport Airplane Directorate, 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or 
Airbus's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0270R1, dated November 27, 
2013, 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 Docket No. FAA-2014-0525.
    (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 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 July 30, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19155 Filed 8-12-14; 8:45 am]
BILLING CODE 4910-13-P