[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Proposed Rules]
[Pages 6578-6581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2611]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1212; Directorate Identifier 2008-NM-167-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This
proposed 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 airworthiness limitations applicable to the Certification
Maintenance Requirements
[[Page 6579]]
(CMR) are given in Airbus A330 ALS Part 3, which is approved by the
European Aviation Safety Agency (EASA).
The revision 03 of Airbus A330 ALS 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 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. The
proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by March 4, 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.
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, e-mail [email protected]; Internet http://www.airbus.com. You may review copies of the referenced 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.
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 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, Washington 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-2009-1212;
Directorate Identifier 2008-NM-167-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
We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an airworthiness directive (AD) that
would apply to certain Model A330-200 and -300 series airplanes. That
supplemental NPRM was published in the Federal Register on August 4,
2010 (75 FR 46861). The original NPRM (75 FR 4710, January 29, 2010)
proposed to require actions intended to address the unsafe condition
for the products listed above. The supplemental NPRM introduced new or
more restrictive maintenance requirements and/or airworthiness
limitations as specified in Airbus A330 ALS, Part 3--Certification
Maintenance Requirements, Revision 02, dated December 16, 2009.
Since that supplemental NPRM was issued, we have received Airbus
A330 ALS, Part 3--Certification Maintenance Requirements, Revision 03,
dated July 29, 2010, which contains new and more restrictive
requirements. We referred to Airbus A330 ALS, Part 3--Certification
Maintenance Requirements, Revision 02, dated December 16, 2009, as the
appropriate source of service information in the original NPRM. We have
revised this second supplemental NPRM to refer to Airbus A330 ALS, Part
3--Certification Maintenance Requirements, Revision 03, dated July 29,
2010. The European Aviation Safety Agency (EASA) has issued EASA AD
2010-0264, dated December 20, 2010. You may obtain further information
by examining the MCAI in the AD docket.
Comments
We have considered the following comment received on the first
supplemental NPRM.
Request To Revise Paragraphs (f) and (g) of the First Supplemental NPRM
Airbus requested that we revise paragraphs (f) and (g) of the first
supplemental NPRM. Airbus stated that Section 25.1529 of the Federal
Aviation Regulations (14 CFR 25.1529) and Appendix H of 14 CFR part 25
require the airplane type certificate holder--not the operator--to
produce and update the Instructions for Continued Airworthiness (ICA).
Airbus stated that the type certificate holder must make the ICAs
available to all operators and owners, who are then responsible to
incorporate the latest applicable contents of revisions of the
Airworthiness Limitations section (ALS) or any other part of the ICA
into the approved maintenance program. Airbus stated that operators and
owners demonstrate compliance with Section 121.367 of the Federal
Aviation Regulations (14 CFR 121.367) and Section 121.369 of the
Federal Aviation Regulations (14 CFR 121.369) by following this
procedure.
We agree that the ALI requirement could be stated more clearly so
that it does not directly require operators to revise the ALS of the
ICA. It is more appropriate to require revising the operators'
maintenance programs. However, we have not revised paragraph (f) of
this second supplemental NPRM because it is a restatement of the
existing AD. We have revised paragraph (g) of this second supplemental
NPRM to clarify that that the operators and owners are required to
incorporate the latest applicable contents of revisions of the ALS into
the maintenance program.
Change to Applicability
We have also added Airbus Model A330-223F and A330-243F airplanes
to the applicability of this supplemental NPRM. There are no Model
A330-223F and A330-243F airplanes on the U.S. registry.
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
[[Page 6580]]
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed AD.
Differences Between This 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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 55 products of U.S. registry.
The actions that are required by AD 2007-05-08 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 currently required actions is $85 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $4,675, or $85 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 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); 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.
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
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 FAA amends Sec. 39.13 by removing Amendment 39-14969 (72 FR
9658, March 5, 2007) and adding the following new AD:
Airbus: Docket No. FAA-2009-1212; Directorate Identifier 2008-NM-
167-AD.
Comments Due Date
(a) We must receive comments by March 4, 2011.
Affected ADs
(b) This AD supersedes AD 2007-05-08, Amendment 39-14969.
Applicability
(c) This AD applies to all 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; all serial
numbers.
Subject
(d) Air Transport Association (ATA) of America Code 05.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * * *
The airworthiness limitations applicable to the Certification
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3,
which is approved by the European Aviation Safety Agency (EASA).
The revision 03 of Airbus A330 ALS 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 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.
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 (k) 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) 25-1529-1A.
Restatement of Requirements of AD 2007-05-08, With Requirements for
Model A340 Airplanes Removed
Revise the Airworthiness Limitations Section of the Instructions
for Continued Airworthiness
(f) Unless already done: Within 90 days after April 9, 2007 (the
effective date of AD 2007-05-08), revise the Airworthiness
Limitations section of the Instructions for Continued Airworthiness
by incorporating Airbus A330 Certification Maintenance Requirements,
Document 955.2074/93, Issue 19, dated March 22, 2006. Accomplish the
actions specified in the applicable CMR at the times specified in
the applicable CMR and in accordance with the applicable CMR, except
as provided by paragraphs (f)(1) and (f)(2) of this AD.
[[Page 6581]]
(1) The associated interval for any new task is to be counted
from April 9, 2007.
(2) The associated interval for any revised task is to be
counted from the previous performance of the task.
New Requirements of This AD
Revise the Maintenance Program
(g) Unless already done, within 90 days of the effective date of
this AD: Revise the maintenance program which ensures the continuing
airworthiness of each operated airplane by incorporating Airbus A330
ALS, Part 3--Certification Maintenance Requirements, Revision 03,
dated July 29, 2010. At the times specified in the Airbus A330 ALS,
Part 3--Certification Maintenance Requirements, Revision 03, dated
July 29, 2010, comply with all applicable maintenance requirements
and associated airworthiness limitations included in Airbus A330
ALS, Part 3--Certification Maintenance Requirements, Revision 03,
dated July 29, 2010, except as provided by paragraphs (h) and (i) of
this AD. Doing this revision terminates the requirements of
paragraph (f) of this AD for that airplane only.
Exceptions to the CMR Tasks
(h) At the latest of the times specified in paragraph (h)(1),
(h)(2), or (h)(3) of this AD: Do the first accomplishment of CMR
Task 213100-00001-2-C of Airbus A330 ALS, Part 3--Certification
Maintenance Requirements, Revision 03, dated July 29, 2010.
(1) Before the accumulation of 48,000 total flight hours.
(2) Within 48,000 flight hours after the most recent
accomplishment of Maintenance Review Board Report (MRBR) Task
21.31.00/05.
(3) Within three months after the effective date of this AD.
(i) At the latest of the times specified in paragraph (i)(1),
(i)(2), or (i)(3) of this AD: Do the first accomplishment of CMR
Tasks 242000-00005-1-C, 243000-00001-1-C, and 243000-00002-1-C of
Airbus A330 ALS, Part 3--Certification Maintenance Requirements,
Revision 03, dated July 29, 2010.
(1) Before the accumulation of 12,000 total flight hours.
(2) Within 12,000 flight hours after the most recent
accomplishment of MRBR Task 24.20.00/17, 24.30.00/04, or 24.30.00/05
respectively.
(3) Within three months after the effective date of this AD.
No Alternative Inspections or Intervals
(j) After accomplishing the action required by paragraph (g) of
this AD, no alternative inspections or inspection intervals may be
used, unless the inspections or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(k) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards 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
(l) Refer to EASA Airworthiness Directives 2006-0225, dated July
21, 2006, and 2010-0264, dated December 20, 2010; Airbus A330
Certification Maintenance Requirements, Document 955.2074/93, Issue
19, dated March 22, 2006; and Airbus A330 ALS, Part 3--Certification
Maintenance Requirements, Revision 03, dated July 29, 2010; for
related information.
Issued in Renton, Washington, on January 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-2611 Filed 2-4-11; 8:45 am]
BILLING CODE 4910-13-P