[Federal Register: November 15, 2005 (Volume 70, Number 219)]
[Proposed Rules]
[Page 69288-69291]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no05-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22973; Directorate Identifier 2004-NM-67-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes; and A340-541 and A340-642 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Model A330-200, A330-300,
[[Page 69289]]
A340-200, and A340-300 series airplanes; and A340-541 and A340-642
airplanes. This proposed AD would require operators to revise the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to incorporate new information. This information
includes, for all affected airplanes, decreased life limit values for
certain components; and for Model A330-200 and -300 series airplanes,
new inspections, compliance times, and new repetitive intervals to
detect fatigue cracking, accidental damage, or corrosion in certain
structures. This proposed AD results from a revision to subsection 9-1
of the Airbus A330 and A340 Maintenance Planning Documents (MPD) for
Life Limits/Monitored parts, and subsection 9-2 of the Airbus A330 MPD
for Airworthiness Limitations Items. We are proposing this AD to ensure
the continued structural integrity of these airplanes.
DATES: We must receive comments on this proposed AD by December 15,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer
International Branch, ANM-116, FAA, International Branch, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2797; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22973;
Directorate Identifier 2004-NM-67-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, notified us that an
unsafe condition may exist on all Airbus Model A330-200, A330-300,
A340-200, and A340-300 series airplanes; and A340-541 and A340-642
airplanes.
The DGAC advises that Airbus A300 Maintenance Planning Document
(MPD) subsection 9-2, ``Airworthiness Limitations Items,'' has been
revised to reference Issue 12, dated November 1, 2003, of the
Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness. Issue 12 results from the completion of
fatigue and damage tolerance evaluations and introduces, for Model A330
series airplanes, new inspections, compliance times, and repetitive
intervals to detect fatigue cracking, accidental damage, or corrosion
in certain structures of the airplane.
The DGAC also advises that the list of life limited/monitored parts
given in Section 9-1 of the Airbus A330 and A340 MPDs has been revised.
The revision provides mandatory replacement times approved under
section 25.571 of the Joint Aviation Requirements and the Federal
Aviation Regulations (14 CFR 25.571), and applies to all Airbus Model
A330-200, A330-300, A340-200, and A340-300 series airplanes; and A340-
541 and A340-642 airplanes. The DGAC advises that certain life limits
must be imposed for various components on these airplanes to prevent
the onset of fatigue cracking, and that the limits for certain
components have decreased in these new revisions.
Incorporating these revisions into the Airworthiness Limitations
section of the Instructions for Continued Airworthiness is intended to
ensure the continued structural integrity of these airplanes.
Relevant Service Information
Airbus has issued Document AI/SE-M4/95A.0089/97, ``A330
Airworthiness Limitation Items'' (ALI), Issue 12, dated November 1,
2003, of the Airbus A330 MPD, Section 9-2. The ALI document contains
items related to evaluations of fatigue and damage tolerance arising
from fatigue-critical and flight-cycle accidental damage, and a
requirement to control corrosion. Issue 12 specifies new inspections,
compliance times, and repetitive intervals to detect fatigue cracking,
accidental damage, or corrosion in certain structures.
Airbus has also issued Section 9-1, ``Life Limits/Monitored
Parts,'' Revision 05, dated April 7, 2005, of the Airbus A330 and A340
MPDs. The MPDs include the airworthiness limits for Airbus Model A330-
200, A330-300, A340-200, and A340-300 series airplanes; and A340-541
and A340-642 airplanes. Revision 05 increases the life limits of
certain components of the MLG and nose landing gear (NLG) for Model
A340-541 and A340-642 airplanes, and decreases the existing life limits
for other MLG and NLG components for other Airbus Model A330-200, A330-
300, A340-200, and A340-300 series airplanes.
Accomplishing the actions specified in these documents is intended
to adequately address the unsafe condition. The DGAC mandated these
documents and issued French airworthiness directives F-2004-024, dated
February 18, 2004; F-2005-069, dated April 27, 2005; and F-2005-070,
dated April 27, 2005; to ensure the
[[Page 69290]]
continued airworthiness of these airplanes in France.
Explanation of Action Taken by the FAA
In accordance with airworthiness standards requiring ``damage
tolerance assessments'' for transport category airplanes (section
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529), and the
Appendices referenced in that section), all products certificated to
comply with that section must have Instructions for Continued
Airworthiness (or, for some products, maintenance manuals) that include
an ALS. That section must set forth:
Mandatory replacement times for structural components,
Structural inspection intervals, and
Related approved structural inspection procedures
necessary to show compliance with the damage-tolerance requirements.
Compliance with the terms specified in the ALS is required by
sections 43.16 (for persons maintaining products) and 91.403 (for
operators) of the Federal Aviation Regulations (14 CFR 43.16 and
91.403).
In order to require compliance with these inspection intervals and
life limits, we must engage in rulemaking, namely the issuance of an
AD. For products certificated to comply with the referenced part 25
requirements, it is within our authority to issue an AD requiring a
revision to the ALS that includes reduced life limits, or new or
different structural inspection requirements. These revisions then are
mandatory for operators under section 91.403(c) of the Federal Aviation
Regulations (14 CFR 91.403), which prohibits operation of an airplane
for which airworthiness limitations have been issued unless the
inspection intervals specified in those limitations have been complied
with.
After that document is revised, as required, and the AD has been
fully complied with, the life limit or structural inspection change
remains enforceable as a part of the airworthiness limitations. (This
is analogous to ADs that require changes to the Limitations Section of
the Airplane Flight Manual.)
Requiring a revision of the airworthiness limitations, rather than
requiring individual inspections, is advantageous for operators because
it allows them to record AD compliance status only once--at the time
they make the revision--rather than after every inspection. It also has
the advantage of keeping all airworthiness limitations, whether imposed
by original certification or by AD, in one place within the operator's
maintenance program, thereby reducing the risk of non-compliance
because of oversight or confusion.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require operators
to revise the ALS of the Instructions for Continued Airworthiness to
incorporate new inspections, compliance times, and repetitive intervals
to detect fatigue cracking, accidental damage, or corrosion in certain
structures.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of U.S.-
Action Work Average labor Parts Cost per registered Fleet cost
hours rate per hour airplane airplanes
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Revise the ALS............................... 1 $65 None............................ $65 20 $1,300
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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 have 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 that the 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); 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 proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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
1. The authority citation for part 39 continues to read as follows:
[[Page 69291]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Airbus: Docket No. FAA-2005-22973; Directorate Identifier 2004-NM-
67-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by December 15, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, and -243 airplanes; A330-301, -321, -322, -323, -341, -342, -
343 airplanes; A340-211, -212, and -213 airplanes; A340-311, -312,
and -313 airplanes; A340-541 airplanes; and A340-642 airplanes;
certificated in any category.
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 (h) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529.
Unsafe Condition
(d) This AD results from a revision to subsection 9-1 of the
Airbus A330 and A340 Maintenance Planning Documents (MPD) for Life
Limits/Monitored parts, and subsection 9-2 of the Airbus A330 MPD
for Airworthiness Limitations Items. We are issuing this AD to
ensure the continued structural integrity of these airplanes.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Airworthiness Limitations Revision
(f) Within 3 months after the effective date of this AD, revise
the Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness by incorporating into the ALS the documents
in paragraph (f)(1) and (f)(2) of this AD, as applicable.
(1) Document AI/SE-M4/95A.0089/97, ``Airworthiness Limitations
Items,'' Issue 12, dated November 1, 2003, Section 9-2 of the Airbus
A330 Maintenance Planning Document (MPD).
(2) Section 9-1, ``Life Limits/Monitored parts,'' Revision 05,
dated April 7, 2005, of the Airbus A330 and A340 MPDs.
(g) Except as provided by paragraph (h) of this AD: After the
actions in paragraph (f) of this AD have been accomplished, no
alternative inspections or inspection intervals may be approved for
the structural elements specified in the documents listed in
paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) French airworthiness directives F-2004-024, dated February
18, 2004; F-2005-069, dated April 27, 2005; and F-2005-070, dated
April 27, 2005; also address the subject of this AD.
Issued in Renton, Washington, on November 7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-22588 Filed 11-14-05; 8:45 am]
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