[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Proposed Rules]
[Pages 62676-62679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9057; Directorate Identifier 2016-NM-055-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) 2014-26-
08, for all Airbus Model A330-200, -200F, and -300 series airplanes. AD 
2014-26-08 currently requires revising the maintenance or inspection 
program to incorporate new maintenance requirements and airworthiness 
limitations. Since we issued AD 2014-26-08, we have determined that 
more restrictive maintenance instructions and airworthiness limitations 
are necessary. This proposed AD would require revising the maintenance 
or inspection program, as applicable, to incorporate new or revised 
airworthiness limitation requirements. This proposed AD would also 
remove certain airplanes from the applicability. We are proposing this 
AD to prevent 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.

DATES: We must receive comments on this proposed AD by October 27, 
2016.

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.
    For service information identified in this NPRM, 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.

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-2016-
9057; 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-2016-9057; 
Directorate Identifier 2016-NM-055-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

    On December 19, 2014, we issued AD 2014-26-08, Amendment 39-18059 
(80 FR 3866, January 26, 2015) (``AD 2014-26-08''). AD 2014-26-08 
requires actions intended to address an unsafe condition on all Airbus 
Model A330-200, -200F, and -300 series airplanes.
    Since we issued AD 2014-26-08, we have determined that more 
restrictive instructions and airworthiness limitations are necessary.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0066, dated April 6, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Model A330-200, -
200F, and -300 series airplanes. The MCAI states:

    The airworthiness limitations are currently defined and 
published in the Airbus A330 and A340 Airworthiness Limitations 
Section (ALS) documents.
    The mandatory instructions and airworthiness limitations 
applicable to the Certification Maintenance Requirements (CMR), 
which are approved by EASA, are specified in Airbus A330 and A340 
ALS Part 3. Failure to comply with these instructions could result 
in an unsafe condition.
    EASA issued AD 2013-0245 (A330 aeroplanes) and AD 2013-0021 
(A340 aeroplanes) to require the actions as specified in Airbus A330 
and A340 ALS Part 3 at Revision 04 and Revision 02, respectively.
    Since those [EASA] ADs were issued, Airbus issued Revision 05 
and Revision 03, respectively, of Airbus A330 and A340 ALS Part 3, 
to introduce more restrictive maintenance requirements.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0245 and [EASA] AD 2013-0021,

[[Page 62677]]

which are superseded, and requires accomplishment of the actions 
specified in Airbus A330 ALS Part 3 Revision 05, or A340 ALS Part 3 
Revision 03, as applicable * * *.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2016-9057.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A330 Airworthiness Limitations Section ALS 
Part 3--Certification Maintenance Requirements, Revision 05, dated 
October 19, 2015. The service information describes updated inspections 
and intervals to be incorporated into the maintenance or inspection 
program. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

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.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Airbus maintenance 
documentation. However, this proposed AD does not include that 
requirement. Operators of U.S.-registered airplanes are required by 
general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. We consider 
those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.
    Although the MCAI recommends accomplishing the maintenance program 
revision within 12 months, this proposed AD requires accomplishment 
within 90 days. We find that a compliance time of 12 months would not 
address the unsafe condition soon enough to maintain an adequate level 
of safety for the affected fleet. In developing an appropriate 
compliance time for this AD, we considered the degree of urgency 
associated with addressing the unsafe condition, and the maximum 
interval of time allowable for all affected airplanes to continue to 
operate without compromising safety. We find 90 days an appropriate 
compliance time to complete this revision.
    These differences have been coordinated with the EASA and Airbus.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.
    This proposed AD therefore would apply to the airplanes identified 
in paragraph (c) of this AD with an original certificate of 
airworthiness or original export certificate of airworthiness that was 
issued on or before the date of approval of the ALS revision identified 
in this proposed AD. Operators of airplanes with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued after that date must comply with the airworthiness 
limitations specified as part of the approved type design and 
referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD would affect 104 airplanes of 
U.S. registry.
    The actions required by AD 2014-26-08, 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 actions that are required by AD 2014-26-08 is $85 per product.
    We also estimate that it would take about 2 work-hours 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 $17,680, or $170 
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

[[Page 62678]]

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 removing Airworthiness Directive AD 
2014-26-08, Amendment 39-18059 (80 FR 3866, January 26, 2015), and 
adding the following new AD:

Airbus: Docket No. FAA-2016-9057; Directorate Identifier 2016-NM-
055-AD.

(a) Comments Due Date

    We must receive comments by October 27, 2016.

(b) Affected ADs

    This AD replaces AD 2014-26-08, Amendment 39-18059 (80 FR 3866, 
January 26, 2015) (``AD 2014-26-08'').

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before October 19, 2015.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance instructions and airworthiness limitations are 
necessary. We are issuing this AD to prevent 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.

(f) Compliance

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

(g) Retained: Revision of the Maintenance or Inspection Program, With 
No Changes

    This paragraph restates the requirements of paragraph (k) of AD 
2014-26-08, with no changes.
    (1) Within 90 days after March 2, 2015 (the effective date of AD 
2014-26-08): Revise the maintenance or inspection program, as 
applicable, to incorporate Airbus A330 Airworthiness Limitations 
Section ALS Part 3--Certification Maintenance Requirements, Revision 
04, dated August 27, 2013. Within the applicable compliance time 
defined in the ``Record of Revisions'' section of Airbus A330 
Airworthiness Limitations Section ALS Part 3--Certification 
Maintenance Requirements, Revision 04, dated August 27, 2013, except 
as provided by paragraph (g)(2) of this AD, accomplish all 
applicable maintenance tasks. Accomplishing the actions specified in 
paragraph (i) of this AD terminates the requirements of this 
paragraph.
    (2) Where paragraph 3 of the ``Record of Revisions'' section of 
Airbus A330 Airworthiness Limitations Section ALS Part 3--
Certification Maintenance Requirements, Revision 04, dated August 
27, 2013, specifies accomplishing the actions ``from 27 August 
2013,'' this AD requires compliance within the specified compliance 
time after March 2, 2015 (the effective date of AD 2014-26-08).

(h) Retained: No Alternative Inspections or Intervals, With No Changes

    This paragraph restates the requirements of paragraph (l) of AD 
2014-26-08, with no changes. After accomplishment of the action 
required by paragraph (g)(1) of this AD, no alternative inspections 
or inspection intervals may be used, other than those specified in 
Airbus A330 Airworthiness Limitations Section ALS Part 3--
Certification Maintenance Requirements, Revision 04, dated August 
27, 2013, except as provided by paragraphs (g)(2) and (i) of this 
AD, unless the inspections or intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(i) New: Revision of the Maintenance or Inspection Program

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate 
Airbus A330 Airworthiness Limitations Section ALS Part 3--
Certification Maintenance Requirements, Revision 05, dated October 
19, 2015. Accomplishing the actions specified in this paragraph 
terminates the requirements of paragraph (g) of this AD.

(j) New: No Alternative Inspections or Intervals

    After the action required by paragraph (i) of this AD has been 
done, no alternative inspections or inspection intervals may be 
used, other than those specified in Airbus A330 Airworthiness 
Limitations Section ALS Part 3--Certification Maintenance 
Requirements, Revision 05, dated October 19, 2015, unless the 
inspections or intervals are approved as an AMOC in accordance with 
the procedures specified in paragraph (k)(1) of this AD.

(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, Transport 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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0066, dated April 6, 2016, 
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-2016-9057.

[[Page 62679]]

    (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 August 24, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-21164 Filed 9-9-16; 8:45 am]
 BILLING CODE 4910-13-P