[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 15867-15870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6643]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0224; Directorate Identifier 2010-NM-210-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. 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 Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A330 ALI Document reference AI/SE-M4/95A.0089/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
The issue 17 of Airbus A330 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue constitutes an unsafe condition.
This [EASA] AD supersedes EASA AD 2009-0102 [and retains the
requirements therein], and requires the implementation of the new or
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A330 ALI Document issue 17.
The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural integrity
of the airplane. 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 May 6, 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://
[[Page 15868]]
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-2011-0224;
Directorate Identifier 2010-NM-210-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 April 20, 2006, we issued AD 2006-09-07, Amendment 39-14577 (71
FR 25919, May 3, 2006). That AD requires actions intended to address an
unsafe condition on A330-200 and -300 series airplanes, A340-200 and -
300 series airplanes, and A340-541 and -642 airplanes.
Since we issued AD 2006-09-07, Airbus has revised certain A330
Damage tolerant airworthiness limitations items to include more
restrictive maintenance requirements/airworthiness limitations. The
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0174, dated August 17, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
The airworthiness limitations are distributed in the Airbus A330
Airworthiness Limitations Section (ALS).
The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A330 ALI Document reference AI/SE-M4/95A.0089/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
The issue 17 of Airbus A330 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue constitutes an unsafe condition.
This [EASA] AD supersedes EASA AD 2009-0102 [and retains the
requirements therein], and requires the implementation of the new or
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A330 ALI Document issue 17.
The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural integrity
of the airplane. You may obtain further information by examining the
MCAI in the AD docket.
Relevant Service Information
Airbus has issued Document AI/SE-M4/95A.0089/97, ``A330
Airworthiness Limitation Items,'' Issue 17, dated May 28, 2010. This
document provides each mandatory time for maintenance tasks, structural
inspection interval, and related structural inspection procedures.
Related Rulemaking
On February 3, 2011, we issued AD 2011-04-05, Amendment 39-16605
(76 FR 8612, February 15, 2011), for Airbus Model A340-200, -300, -500,
and -600 series airplanes, to require revising the maintenance program.
Doing this revision terminates the requirements of AD 2006-09-07 for
the Model A340 airplanes.
We are also considering issuance of another NPRM related to this
NPRM. The NPRM we are considering, Directorate Identifier 2010-NM-211-
AD, would restate the requirements of paragraph (f)(2) of AD 2006-09-07
for Model A330 airplanes.
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 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 54 products of U.S. registry.
The actions that are required by AD 2006-09-07, 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 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 $4,590, 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.
[[Page 15869]]
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 39-14577 (71 FR
25919, May 3, 2006) and adding the following new AD:
Airbus: Docket No. FAA-2011-0224; Directorate Identifier 2010-NM-
210-AD.
Comments Due Date
(a) We must receive comments by May 6, 2011.
Affected ADs
(b) This AD supersedes AD 2006-09-07, Amendment 39-14577.
Applicability
(c) This AD applies to Airbus Model A330-201, -202, -203, -223,
-223F, -243, and -243F airplanes, and Model A330-301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes; certificated in any
category; all manufacturer 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 operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 05.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * * *
The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A330 ALI Document reference AI/SE-M4/95A.0089/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
The issue 17 of Airbus A330 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue constitutes an unsafe condition.
This [EASA] AD supersedes EASA AD 2009-0102 [and retains the
requirements therein], and requires the implementation of the new or
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A330 ALI Document issue 17.
The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural
integrity of the airplane.
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 Paragraph (F)(2) of AD 2006-09-07
Airworthiness Limitations Revision
(g) For Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes: Within 3
months after June 7, 2006 (the effective date of AD 2006-09-07),
revise the ALS of the Instructions for Continued Airworthiness by
incorporating Airbus Document AI/SE-M4/95A.0089/97, ``A330
Airworthiness Limitation Items,'' Issue 12, dated November 1, 2003,
as specified in Section 9-2 of the Airbus A330 Maintenance Planning
Document (MPD), into the ALS.
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 Document AI/SE-M4/
95A.0089/97, ``A330 Airworthiness Limitation Items,'' Issue 17,
dated May 28, 2010. At the times specified in Airbus Document AI/SE-
M4/95A.0089/97, ``A330 Airworthiness Limitation Items,'' Issue 17,
dated May 28, 2010, comply with all applicable maintenance
requirements and associated airworthiness limitations included in
Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness
Limitation Items,'' Issue 17, dated May 28, 2010. Accomplishing the
revision in this paragraph ends the requirements in paragraph (g) of
this AD.
Alternative Intervals or Limits
(i) Except as provided by paragraph (j)(1) of this AD, after
accomplishing the actions specified in paragraph (h) of this AD, no
alternatives to the maintenance tasks, intervals, or limitations
specified in paragraph (h) of this AD may be used.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: No differences.
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, 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. 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 Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2010-0174, dated August 17,
2010; Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness
Limitation Items,'' Issue 12, dated November 1, 2003; and Airbus
Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness Limitation
Items,'' Issue 17, dated May 28, 2010; for related information.
[[Page 15870]]
Issued in Renton, Washington, on March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-6643 Filed 3-21-11; 8:45 am]
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