FR Doc E7-16112

[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Proposed Rules]
[Page 45965-45967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au07-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27715; Directorate Identifier 2006-NM-140-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330 and A340 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to all Airbus Model A330-200, A330-300,
A340-200, and A340-300 series airplanes; and Model A340-541 and A340-
642 airplanes. The original NPRM would have superseded an existing AD
that currently requires operators to revise the Airworthiness
Limitations section (ALS) of the Instructions for Continued
Airworthiness (ICA) 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. The original NPRM proposed to revise the ALS, for all
affected airplanes, by adding new Airworthiness Limitations Items
(ALIs) to incorporate service life limits for certain items and
inspections to detect fatigue cracking, accidental damage or corrosion
in certain structures, in accordance with the revised ALS of the ICA.
The original NPRM resulted from the issuance of new and more
restrictive service life limits and structural inspections based on
fatigue testing and in-service findings. This new action revises the
original NPRM by adding airplanes, adding new requirements, and
including more restrictive compliance thresholds and intervals. We are
proposing this supplemental NPRM to detect and correct fatigue
cracking, accidental damage, or corrosion in principal structural
elements, and to prevent failure of certain life-limited parts, which
could result in reduced structural integrity of the airplane.

DATES: We must receive comments on this supplemental NPRM by September
10, 2007.

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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., 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

[[Page 45966]]

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 proposal. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``Docket No.
FAA-2007-27715; Directorate Identifier 2006-NM-140-AD'' at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, 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
that 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 may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.

Examining the Docket

You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Operations office between 9

a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Docket Operations office (telephone (800) 647-5527) is located on the
ground level of the West Building at the DOT street address stated in
the ADDRESSES section. Comments will be available in the AD docket
shortly after the Docket Management System receives them.

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) (the
``original NPRM'') to amend 14 CFR part 39 to include an AD that
supersedes AD 2006-09-07, amendment 39-14577 (71 FR 25919, May 3,
2006). The existing AD applies to all Airbus Model A330-200, A330-300,
A340-200, and A340-300 series airplanes; and Model A340-541 and A340-
642 airplanes. The original NPRM was published in the Federal Register
on March 28, 2007 (72 FR 14497). The original NPRM proposed to revise
the ALS, for all affected airplanes, by adding new Airworthiness
Limitations Items (ALIs) to incorporate service life limits for certain
items and inspections to detect fatigue cracking, accidental damage, or
corrosion in certain structures, in accordance with the revised ALS of
the Instructions for Continued Airworthiness (ICA).

Actions Since Original NPRM Was Issued

Since we issued the original NPRM, the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, notified us that an unsafe condition might
exist on all Airbus Model A330 and A340 airplanes. The EASA advises
that Airbus has revised its service life limits and structural
inspections based upon certification requirements. Fatigue cracking,
accidental damage, or corrosion in principal structural elements and
failure of certain life limited parts, if not corrected, could result
in reduced structural integrity of the airplane.
The EASA also advises that Airbus has revised Document AI/SE-M4/
95A.0051/97, ``A340 Airworthiness Limitations Items,'' from Issue 9,
dated January 17, 2006, to Issue 10, dated February 1, 2007, to revise
the applicability, threshold, and intervals of certain inspection tasks
and to introduce new weight variant configurations. In addition, Airbus
has issued A330 and A340 ALS Part 1--Safe Life Airworthiness Limitation
Items, dated March 30, 2007, Sub-part 1-2, ``Life Limits,'' and Sub-
part 1-3, ``Demonstrated Fatigue Lives,'' of both ALS Part 1 documents
to reduce certain limitations and add limitations corresponding to new
weight variant configurations.
Incorporating these revisions into the ALS of the Instructions for
Continued Airworthiness is intended to ensure the continued structural
integrity of these airplanes.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The EASA mandated
the service information and issued EASA airworthiness directives 2007-
0133, dated May 11, 2007, and 2007-0158, dated June 4, 2007, to ensure
the continued airworthiness of these airplanes in France. EASA
airworthiness directive 2007-0133 supersedes airworthiness directives
2006-0129 and 2006-0130, both dated May 22, 2006; and EASA
airworthiness directive 2007-0158 supersedes airworthiness directive
2006-0308, dated October 10, 2006. (EASA airworthiness directives 2006-
0129 and 2006-0130, both dated May 22, 2006; and 2006-0308, dated
October 10, 2006; were identified in the original NPRM.)

Clarification of Alternative Method of Compliance (AMOC) Paragraph

We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.

Costs of Compliance

This proposed AD would affect about 37 airplanes of U.S. registry.
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
Average Cost per U.S.-
Action Work hour labor rate Parts airplane registered Fleet cost
per hour airplanes
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Revise the ALS, required by AD 1 $80 None $80 20 $1,600
2006-09-07.......................
Revise the ALS, new proposed 1 80 None 80 37 2,960
action...........................
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[[Page 45967]]

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 supplemental NPRM 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:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14577 (71 FR 25919, May 3, 2006) and adding the
following new airworthiness directive (AD):

AIRBUS: Docket No. FAA-2007-27715; Directorate Identifier 2006-NM-
140-AD.

Comments Due Date

(a) The FAA must receive comments on this AD action by September
17, 2007.

Affected ADs

(b) This AD supersedes AD 2006-09-07.

Applicability

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 (j) 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) 25-1529-1.

Unsafe Condition

(d) This AD results from the issuance of new and more
restrictive service life limits and structural inspections based on
fatigue testing and in-service findings. We are issuing this AD to
detect and correct fatigue cracking, accidental damage, or corrosion
in principal structural elements, which could result in reduced
structural integrity of the airplane.

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.

Restatement of Requirements of AD 2006-09-07

Airworthiness Limitations Revision

(f) Within 3 months after June 7, 2006 (the effective date of AD
2006-09-07): Revise the Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness by incorporating into
the ALS the documents in paragraphs (f)(1) and (f)(2) of this AD, as
applicable.
(1) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness
Limitations Items,'' Issue 12, dated November 1, 2003, as specified
in 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) or (j) 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.

New Requirements of This AD

ALS Revision

(h) Within 3 months after the effective date of this AD: Revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the documents specified in paragraphs (h)(1) and (h)(2)
of this AD, as applicable. Accomplishing the revision in this
paragraph terminates the requirements in paragraph (f) of this AD.
(1) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness
Limitation Items (ALI),'' Issue 14, dated October 10, 2005; or
Airbus Document AI/SE-M4/95A.0051/97, ``A340 Airworthiness
Limitations Items,'' Issue 10, dated February 1, 2007.
(2) Sub-part 1-2 ``Life Limits,'' and Sub-part 1-3
``Demonstrated Fatigue Lives,'' of Airbus A330 or A340 ALS Part 1,
``Safe Life Airworthiness Limitation Items,'' dated March 30, 2007,
as applicable.
(i) Except as provided by paragraph (j) of this AD: After the
actions in paragraph (h) 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 (h) of this AD.

Alternative Methods of Compliance (AMOCs)

(j)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Related Information

(k) European Aviation Safety Agency airworthiness directives
2007-0133, dated May 11, 2007, and 2007-0158, dated June 4, 2007;
also address the subject of this AD.

Issued in Renton, Washington, on August 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16112 Filed 8-15-07; 8:45 am]

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