[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24360-24363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10137]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0386; Directorate Identifier 2010-NM-115-AD;
Amendment 39-16679; AD 2011-09-17]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A340-200, -300, -500, and
-600 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that supersedes an existing AD. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as:
* * * * *
The revision 01 of Airbus A340 ALS [Airworthiness Limitations
section] Part 3 introduces more restrictive maintenance requirements
and/or airworthiness limitations. Failure to comply with this
revision constitutes an unsafe condition.
* * * * *
The unsafe condition is a safety-significant latent failure that would,
in combination with one or more other specific failures or events,
result in a hazardous or catastrophic failure condition. This AD
requires actions that are intended to address the unsafe condition
described in the MCAI.
DATES: This AD becomes effective May 17, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 17, 2011.
On January 27, 2010 (75 FR 1538, January 12, 2010), the Director of
the Federal Register approved the incorporation by reference of a
certain other publication listed in this AD.
We must receive comments on this AD by June 16, 2011.
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this 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, International
Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone: 425-227-1138; fax: 425-
227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
On December 23, 2009, we issued AD 2010-01-07, Amendment 39-16165
(75 FR 1538, January 12, 2010). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2010-01-07, we have determined that more
restrictive limitations are necessary. The European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, has issued EASA Airworthiness Directive 2010-
0047, dated March 19, 2010 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
The airworthiness limitations are currently distributed in the
Airbus A340 Airworthiness Limitations Section (ALS).
The airworthiness limitations applicable to the Certification
Maintenance Requirements (CMR) are given in Airbus A340 ALS Part 3,
which is approved by the European Aviation Safety Agency (EASA).
The revision 01 of Airbus A340 ALS Part 3 introduces more
restrictive maintenance requirements and/or airworthiness
limitations. Failure to comply with this revision constitutes an
unsafe condition.
This new AD retains the requirements of EASA AD 2009-0098 [which
corresponds to FAA AD 2010-01-07], which is superseded, and requires
the implementation of the new or more restrictive maintenance
requirements
[[Page 24361]]
and/or airworthiness limitations as specified in Airbus A340 ALS
Part 3 revision 01.
The unsafe condition is a safety-significant latent failure that would,
in combination with one or more other specific failures or events,
result in a hazardous or catastrophic failure condition. This AD
requires revising the maintenance program by incorporating new and
revised CMRs. You may obtain further information by examining the MCAI
in the AD docket.
Relevant Service Information
Airbus has issued A340 ALS, Part 3--Certification Maintenance
Requirements (CMR), Revision 01, including Appendices 1 and 2, dated
December 15, 2009. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0386; Directorate
Identifier 2010-NM-115-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
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 AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 Amendment 39-16165 (75 FR
1538, January 12, 2010) and adding the following new AD:
2011-09-17 Airbus: Amendment 39-16679. Docket No. FAA-2011-0386;
Directorate Identifier 2010-NM-115-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 17,
2011.
Affected ADs
(b) This AD supersedes AD 2010-01-07, Amendment 39-16165.
Applicability
(c) This AD applies to Airbus Model A340-211, -212, -213, -311,
-312, -313, -541, and -642 airplanes; certificated in any category;
all serial numbers.
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)(1) 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
[[Page 24362]]
structure. The FAA has provided guidance for this determination in
Advisory Circular (AC) 25-1529-1.
Subject
(d) Air Transport Association (ATA) of America Code 05: Periodic
Inspections.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
* * * * *
The revision 01 of Airbus A340 ALS [Airworthiness Limitations
section] Part 3 introduces more restrictive maintenance requirements
and/or airworthiness limitations. Failure to comply with this
revision constitutes an unsafe condition.
* * * * *
The unsafe condition is a safety-significant latent failure that
would, in combination with one or more other specific failures or
events, result in a hazardous or catastrophic failure condition.
Compliance
(f) 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 2010-01-07, With No Changes
Revise the ALS of the Instructions for Continued Airworthiness (ICA)
(g) Unless already done, within 3 months after January 27, 2010
(the effective date of AD 2010-01-07), revise the ALS of the
Instructions for Continued Airworthiness by incorporating Airbus
A340 ALS, Part 3--Certification Maintenance Requirements (CMR),
Revision 00, dated July 31, 2008. Accomplish the actions specified
in the Airbus A340 ALS, Part 3--Certification Maintenance
Requirements (CMR), Revision 00, dated July 31, 2008, at the times
specified in the Airbus A340 ALS, Part 3--Certification Maintenance
Requirements (CMR), Revision 00, dated July 31, 2008; and in
accordance with the Airbus A340 ALS, Part 3--Certification
Maintenance Requirements (CMR), Revision 00, dated July 31, 2008;
except as provided by paragraphs (g)(1) and (g)(2) of this AD, and
except as required by paragraph (h) of this AD.
(1) Count the associated interval for any new task from January
27, 2010, except that Airbus A340 CMR Task 212100-00001-1-C must be
performed at the later of the times specified in paragraphs
(g)(1)(i) and (g)(1)(ii) of this AD.
(i) Before the accumulation of 2,600 total flight hours since
the date of issuance of the original French airworthiness
certificate or the date of issuance of the original French or EASA
export certificate of airworthiness.
(ii) Within 800 flight hours or 3 months, whichever comes first,
after the approval date of the Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 00, dated
July 31, 2008.
(2) Count the associated interval for any revised task from the
previous performance of the task.
(3) Doing the revision required by paragraph (g) of this AD
terminates the requirements of paragraph (f) of AD 2007-05-08,
Amendment 39-14969, for that airplane only.
New Requirements of This AD
Revise the Maintenance Program
(h) Within 3 months after the effective date of this AD, revise
the maintenance program by incorporating Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 01, dated
December 15, 2009. The initial compliance times for the actions
specified in Airbus A340 ALS, Part 3--Certification Maintenance
Requirements (CMR), Revision 01, dated December 15, 2009, are at the
later of the times specified in the Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 01, dated
December 15, 2009, or within 3 months after the effective date of
this AD. Doing the revision required by this paragraph terminates
the requirements of paragraph (g) of this AD for that airplane only.
No Alternative Actions, Intervals, and/or Critical Design Configuration
Control Limitations (CDCCLs)
(i) After accomplishing the revision required by paragraph (h)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used, other than those specified in Airbus A340
ALS, Part 3--Certification Maintenance Requirements (CMR), Revision
01, dated December 15, 2009, unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (j) of this
AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: Although European Aviation Safety Agency (EASA)
Airworthiness Directive 2010-0047, dated March 19, 2010, specifies
both revising the maintenance program to include airworthiness
limitations, and doing certain repetitive actions (e.g.,
inspections) and/or maintaining CDCCLs, this AD only requires the
revision. Requiring a revision of the maintenance program, rather
than requiring individual repetitive actions and/or maintaining
CDCCLs, requires operators to record AD compliance only at the time
the revision is made. Repetitive actions and/or maintaining CDCCLs
specified in the airworthiness limitations must be complied with in
accordance with 14 CFR 91.403(c).
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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, International Branch,
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone: 425-227-1138; fax: 425-
227-1149. Information may be e-mailed 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) 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 their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(k) Refer to MCAI EASA Airworthiness Directive 2010-0047, dated
March 19, 2010; Airbus A340 ALS, Part 3--Certification Maintenance
Requirements (CMR), Revision 00, dated July 31, 2008; and Airbus
A340 ALS, Part 3--Certification Maintenance Requirements (CMR),
Revision 01, dated December 15, 2009; for related information.
Material Incorporated by Reference
(l) You must use Airbus A340 ALS, Part 3--Certification
Maintenance Requirements (CMR), Revision 00, including Appendices 1
and 2, dated July 31, 2008; and Airbus A340 ALS, Part 3--CMR,
Revision 01, including Appendices 1 and 2, dated December 15, 2009;
as applicable; to do the actions required by this AD, unless the AD
specifies otherwise. (The title page of Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 01, including
Appendices 1 and 2, dated December 15, 2009, does not specify a
revision date; the revision date is specified on all other pages of
this document. Only the title page and Record of Revisions specify
the revision level of this document.)
(1) The Director of the Federal Register approved the
incorporation by reference of Airbus A340 ALS, Part 3--Certification
Maintenance Requirements (CMR), Revision 01, including Appendices 1
and 2, dated December 15, 2009, under 5 U.S.C. 552(a) and 1 CFR part
51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Airbus A340 ALS, Part 3--Certification
Maintenance Requirements (CMR), Revision 00, including Appendices 1
and 2, dated July 31, 2008, on January 27, 2010 (75 FR 1538, January
12, 2010).
(3) 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; e-mail: [email protected];
Internet: http://www.airbus.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by
[[Page 24363]]
reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on April 20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-10137 Filed 4-29-11; 8:45 am]
BILLING CODE 4910-13-P