Airworthiness Directives; Airbus Model A330 and A340 Airplanes, 36288-36290 [E8-14480]
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36288
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
Bombardier Alert Service Bulletin A84–57–
19, dated February 1, 2008; or Revision A,
dated February 6, 2008: Within 3,000 flight
hours after the effective date of this AD,
apply F13, Type 2 corrosion inhibiting
compound to the affected bolts and barrel
nuts in accordance with the Accomplishment
Instructions of Bombardier Alert Service
Bulletin A84–57–19, Revision B, dated
March 6, 2008; except if it can be
conclusively determined from a review of
airplane maintenance records that F13, Type
2 corrosion inhibiting compound was
applied to the affected bolts and barrel nuts,
then no further action is required by this
paragraph.
rfrederick on PROD1PC67 with PROPOSALS
Special Flight Permit
(m) Special flight permits, as described in
Section 21.197 and Section 21.199 of the
Federal Aviation Regulations (14 CFR 21.197
and 21.199), may be issued to operate the
airplane to a location where the requirements
of this AD can be accomplished, but
concurrence by the Manager, New York
Aircraft Certification Office, FAA, is required
prior to issuance of the special flight permit.
Before using any approved special flight
permits, notify your appropriate principal
inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your
local FSDO. Special flight permits may be
permitted provided that the conditions
specified in paragraphs (m)(1), (m)(2), (m)(3),
(m)(4), and (m)(5) of this AD are met.
(1) Both the right-hand side and left-hand
side of the airplane must have at least one
barrel nut that is not within the suspect batch
(i.e., barrel nut is not identified with a
marking of LH7940T SPS 01). The barrel nuts
that are not within the suspect batch must be
in good working condition (i.e., no cracking
of the barrel nut).
(2) No passengers and no cargo are
onboard.
(3) Airplane must operate in fair weather
conditions with a low risk of turbulence.
(4) Airplane must operate with reduced
airspeed. For further information, contact
Bombardier, Q Series 24 Hour Service
Customer Response Center, at: Tel: 1–416–
375–4000; Fax: 1–416–375–4539; E-mail:
thd.qseries@aero.bombardier.com.
(5) All of the conditions specified in
paragraphs (m)(1), (m)(2), (m)(3), and (m)(4)
of this AD are on a case-by-case basis.
Contact your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO, for assistance.
Alternative Methods of Compliance
(AMOCs)
(n)(1) The Manager, New York Aircraft
Certification Office, 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.
VerDate Aug<31>2005
15:01 Jun 25, 2008
Jkt 214001
Related Information
(o) Canadian airworthiness directive CF–
2008–11R1, dated May 9, 2008.
Issued in Renton, Washington, on June 13,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–14482 Filed 6–25–08; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: The FAA is revising an earlier
supplemental NPRM (SNPRM) 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. The first supplemental NPRM
revised the original NPRM by adding
airplanes, adding new requirements,
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Frm 00004
Fmt 4702
Sfmt 4702
and including more restrictive
compliance thresholds and intervals.
This new action revises the first
supplemental NPRM by adding a new
weight variant configuration, and
including more restrictive compliance
thresholds and intervals. We are
proposing this second 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 July 21,
2008.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Government-wide rulemaking Web
site: Go to https://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
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
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36289
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
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 https://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
https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on
the Internet at https://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
We proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) with a supplemental notice of
proposed rulemaking (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 first supplemental NPRM
was published in the Federal Register
on August 16, 2007 (72 FR 45965). 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). The
first supplemental NPRM proposed to
add airplanes, add new requirements,
and include more restrictive compliance
thresholds and intervals.
Actions Since First Supplemental
NPRM Was Issued
Since we issued the first
supplemental NPRM, the European
Aviation Safety Agency (EASA), which
is the Technical Agent for the Member
States of the European Community,
issued EASA airworthiness directive
2008–0023, dated February 6, 2008.
The EASA advises that Airbus has
revised Document AI/SE–M4/95A.0089/
97, ‘‘A330 Airworthiness Limitation
Items (ALI),’’ from Issue 14, dated
October 10, 2005, to Issue 15, dated
March 26, 2007, to add a new weight
variant configuration and include more
restrictive compliance thresholds and
intervals.
Incorporating this revision into the
ALS of the Instructions for Continued
Airworthiness is intended to ensure the
continued structural integrity of these
airplanes.
Explanation of Additional Changes to
the First Supplemental NPRM
For standardization purposes, we
have revised this AD in the following
ways:
We have revised paragraph (i) of this
AD to specify that no alternative
inspections/limitation tasks or
inspection/limitation task intervals may
be used unless the inspections/
limitation tasks or inspection/limitation
task intervals are part of a later
approved revision of the documents
specified in paragraphs (h)(1) and (h)(2)
of this AD, as applicable, or unless they
are approved as an alternative method
of compliance (AMOC). Inclusion of this
paragraph in the AD is intended to
ensure that the AD-mandated
airworthiness limitations changes are
treated the same as the airworthiness
limitations issued with the original type
certificate.
We have simplified the language in
Note 1 of this AD to clarify that an
operator must request approval for an
AMOC if the operator cannot
accomplish the required inspections
because an airplane has been previously
modified, altered, or repaired in the
areas addressed by the required
inspections.
FAA’s Determination and Proposed
Requirements of the Supplemental
NPRM
The changes discussed above expand
the scope of the first supplemental
NPRM; therefore, we have determined
that it is necessary to reopen the
comment period to provide additional
opportunity for public comment on this
second supplemental NPRM.
Costs of Compliance
This proposed AD would affect about
41 airplanes of U.S. registry. The
following table provides the estimated
costs for U.S. operators to comply with
this proposed AD.
ESTIMATED COSTS
Action
Revise the ALS, required by AD 2006–09–
07.
Revise the ALS, new proposed action .......
rfrederick on PROD1PC67 with PROPOSALS
Jkt 214001
Number of
U.S.-registered
airplanes
Cost per
airplane
Fleet cost
$80
None ...........
$80
20
$1,600
1
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
15:01 Jun 25, 2008
Parts
1
Authority for This Rulemaking
VerDate Aug<31>2005
Average labor
rate per hour
Work hour
80
None ...........
80
41
3,280
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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\26JNP1.SGM
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36290
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 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.
rfrederick on PROD1PC67 with PROPOSALS
Comments Due Date
(a) The FAA must receive comments on
this AD action by July 28, 2008.
Affected ADs
(b) This AD supersedes AD 2006–09–07.
Applicability
(c) This AD applies to all Airbus Model
A330 and A340 airplanes, certificated in any
category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
VerDate Aug<31>2005
15:01 Jun 25, 2008
Jkt 214001
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.
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, until paragraph (h) of this AD is
accomplished.
(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 15, dated March 26, 2007; or
Airbus Document AI/SE–M4/95A.0051/97,
‘‘A340 Airworthiness Limitations Items,’’
Issue 10, dated February 1, 2007.
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Frm 00006
Fmt 4702
Sfmt 4702
(2) Sub-part 1–2 ‘‘Life Limits,’’ and Subpart 1–3 ‘‘Demonstrated Fatigue Lives,’’ of
Airbus A330 or A340 ALS Part 1, ‘‘Safe Life
Airworthiness Limitation Items,’’ Revision
01, dated March 30, 2007, as applicable.
(i) After accomplishing the actions
specified in paragraph (h) of this AD, no
alternative inspections/limitation tasks or
inspection/limitation task intervals may be
used unless the inspections/limitation tasks
or inspection/limitation task intervals are
part of a later approved revision of the
documents specified in paragraphs (h)(1) and
(h)(2) of this AD, as applicable, that is
approved by the Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA; or unless the inspection/
limitation task or inspection/limitation task
interval is approved as an alternative method
of compliance (AMOC) in accordance with
the procedures specified in paragraph (j)(1) 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 2008–0023, dated
February 6, 2008, 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 June 13,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–14480 Filed 6–25–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28377; Directorate
Identifier 2007–NM–063–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ
190 Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
E:\FR\FM\26JNP1.SGM
26JNP1
Agencies
[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Proposed Rules]
[Pages 36288-36290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14480]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier supplemental NPRM (SNPRM) 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. The first supplemental NPRM
revised the original NPRM by adding airplanes, adding new requirements,
and including more restrictive compliance thresholds and intervals.
This new action revises the first supplemental NPRM by adding a new
weight variant configuration, and including more restrictive compliance
thresholds and intervals. We are proposing this second 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 July 21,
2008.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://www.regulations.gov and
follow the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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
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
[[Page 36289]]
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 https://
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 https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at https://
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
We proposed to amend part 39 of the Federal Aviation Regulations
(14 CFR part 39) with a supplemental notice of proposed rulemaking
(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
first supplemental NPRM was published in the Federal Register on August
16, 2007 (72 FR 45965). 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). The first supplemental
NPRM proposed to add airplanes, add new requirements, and include more
restrictive compliance thresholds and intervals.
Actions Since First Supplemental NPRM Was Issued
Since we issued the first supplemental NPRM, the European Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Community, issued EASA airworthiness directive
2008-0023, dated February 6, 2008.
The EASA advises that Airbus has revised Document AI/SE-M4/
95A.0089/97, ``A330 Airworthiness Limitation Items (ALI),'' from Issue
14, dated October 10, 2005, to Issue 15, dated March 26, 2007, to add a
new weight variant configuration and include more restrictive
compliance thresholds and intervals.
Incorporating this revision into the ALS of the Instructions for
Continued Airworthiness is intended to ensure the continued structural
integrity of these airplanes.
Explanation of Additional Changes to the First Supplemental NPRM
For standardization purposes, we have revised this AD in the
following ways:
We have revised paragraph (i) of this AD to specify that no
alternative inspections/limitation tasks or inspection/limitation task
intervals may be used unless the inspections/limitation tasks or
inspection/limitation task intervals are part of a later approved
revision of the documents specified in paragraphs (h)(1) and (h)(2) of
this AD, as applicable, or unless they are approved as an alternative
method of compliance (AMOC). Inclusion of this paragraph in the AD is
intended to ensure that the AD-mandated airworthiness limitations
changes are treated the same as the airworthiness limitations issued
with the original type certificate.
We have simplified the language in Note 1 of this AD to clarify
that an operator must request approval for an AMOC if the operator
cannot accomplish the required inspections because an airplane has been
previously modified, altered, or repaired in the areas addressed by the
required inspections.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the first
supplemental NPRM; therefore, we have determined that it is necessary
to reopen the comment period to provide additional opportunity for
public comment on this second supplemental NPRM.
Costs of Compliance
This proposed AD would affect about 41 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this proposed AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hour Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revise the ALS, required by AD 2006-09-07 1 $80 None......................... $80 20 $1,600
Revise the ALS, new proposed action...... 1 80 None......................... 80 41 3,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 36290]]
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 July 28,
2008.
Affected ADs
(b) This AD supersedes AD 2006-09-07.
Applicability
(c) This AD applies to all Airbus Model A330 and A340 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 (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.
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, until paragraph (h) of this AD is accomplished.
(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 15, dated March 26, 2007; 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,'' Revision 01, dated
March 30, 2007, as applicable.
(i) After accomplishing the actions specified in paragraph (h)
of this AD, no alternative inspections/limitation tasks or
inspection/limitation task intervals may be used unless the
inspections/limitation tasks or inspection/limitation task intervals
are part of a later approved revision of the documents specified in
paragraphs (h)(1) and (h)(2) of this AD, as applicable, that is
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or unless the inspection/limitation task
or inspection/limitation task interval is approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (j)(1) 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
2008-0023, dated February 6, 2008, 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 June 13, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14480 Filed 6-25-08; 8:45 am]
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