Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes, 6578-6581 [2011-2611]

Download as PDF 6578 Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules 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. 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 FAA amends § 39.13 by removing Amendment 39–12651 (67 FR 6855, February 14, 2002) and adding the following new AD: BAE Systems (Operations) Limited: Docket No. FAA–2010–0673; Directorate Identifier 2009–NM–208–AD. Comments Due Date (a) We must receive comments by March 24, 2011. Affected ADs (b) The AD supersedes AD 2002–03–10, Amendment 39–12651. Applicability (c) This AD applies to BAE Systems (Operations) Limited Model BAe 146–100A, –200A, and –300A airplanes and Model Avro 146–RJ70A, 146–RJ85A, and 146–RJ100A airplanes; certificated in any category; all serial numbers. Subject (d) Air Transport Association (ATA) of America Code 32: Landing Gear. Reason (e) The mandatory continuing airworthiness information (MCAI) states: In June 2000, prompted by a crack found at the top of the Nose Landing Gear (NLG) oleo, BAE Systems (Operations) Ltd (BAE Systems) issued Inspection Service Bulletin (ISB) ISB.32–158. * * * Later, as part of an accident investigation, the examination of a fractured NLG main fitting showed that M–D (Messier-Dowty) SB.146–32–150 was not accomplished * * * BAE Systems determined that more NLG units could be similarly affected. * * * Subsequently, investigation and analysis by M–D identified the need for a reduction of the inspection threshold and the repetitive inspection interval for the affected NLG units. * * * wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 * * * * * * * * [I]nvestigation by M–D showed that if any undetected crack was present at the time of the embodiment of M–D SB 146–32– 150, Part B or Part C, it could continue to grow while the NLG is in service and could lead to the failure of the main fitting and possible collapse of the NLG. * * * [B]AE Systems have received additional reports of cracked NLG main fittings. One operator reported a crack in a premodification main fitting. * * * * * * * * Undetected cracks could lead to failure of the NLG Main Fitting and collapse of the NLG. * * * * * The unsafe condition is cracking of the NLG, which could adversely affect the airplane’s safe landing. VerDate Mar<15>2010 14:53 Feb 04, 2011 Jkt 223001 Inspection (g) Before the accumulation of 5,000 total flight cycles on the NLG main fitting, or within 300 flight cycles after the effective date of this AD, whichever occurs later, do an ultrasonic inspection on the upper part of the NLG main fitting for any crack, in accordance with the Accomplishment Instructions of Messier-Dowty Service Bulletin 146–32–174, Revision 2, including Appendix A, dated August 16, 2010. Thereafter, repeat the inspection at intervals not to exceed 300 flight cycles. (h) An inspection that has been done in accordance with the Accomplishment Instructions of Messier-Dowty Service Bulletin 146–32–174, Revision 1, dated September 2, 2009, or in accordance with the Accomplishment Instructions of MessierDowty Service Bulletin 146–32–175, Revision 2, dated March 5, 2010, before the effective date of this AD but not more than 300 flight cycles before the effective date of this AD, is considered acceptable for compliance with the initial inspection required by paragraph (g) of this AD. Replacement (i) If any crack is found from the inspections required by paragraph (g) of this AD, before further flight, replace the NLG main fitting with a serviceable NLG main fitting, using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent). Note 1: Guidance on replacing the NLG main fitting with a serviceable NLG main fitting can be found in Subsection 32–20–11 of BAE Systems (Operations) Limited BAe 146 Series/Avro 146–RJ Series Aircraft Maintenance Manual 146.153, Revision 101, dated July 15, 2010. (j) Replacing the NLG main fitting with a serviceable NLG main fitting is not a terminating action for the repetitive inspections required by paragraph (g) of this AD. Parts Installation (k) As of the effective date of this AD, no person may install an affected NLG main fitting on any airplane, unless that NLG main fitting has been inspected in accordance with paragraph (g) of this AD and no cracking is found. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (l) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1175; fax (425) 227–1149. 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 (m) Refer to MCAI EASA Airworthiness Directive 2010–0202R1, dated October 14, 2010; Messier-Dowty Service Bulletin 146– 32–174, Revision 2, including Appendix A, dated August 16, 2010; for related information. Issued in Renton, Washington, on January 28, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–2610 Filed 2–4–11; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. AGENCY: 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: * * * * * SUMMARY: The airworthiness limitations applicable to the Certification Maintenance Requirements E:\FR\FM\07FEP1.SGM 07FEP1 Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules (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 safetysignificant 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 https://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 airworthiness.A330-A340@airbus.com; Internet https://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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 * Examining the AD Docket You may examine the AD docket on the Internet at https:// 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. VerDate Mar<15>2010 14:53 Feb 04, 2011 Jkt 223001 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 https:// 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 6579 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 E:\FR\FM\07FEP1.SGM 07FEP1 6580 Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 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: VerDate Mar<15>2010 14:53 Feb 04, 2011 Jkt 223001 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: 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 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. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 (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 PART 39—AIRWORTHINESS DIRECTIVES § 39.13 Affected ADs 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. E:\FR\FM\07FEP1.SGM 07FEP1 Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules (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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 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. Note 2: This AD differs from the MCAI and/or service information as follows: No differences. 14:53 Feb 04, 2011 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–0037; Directorate Identifier 2010–NM–273–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 B4–600, B4–600R, and F4–600R Series Airplanes, and Model C4–605R Variant F Airplanes (Collectively Called A300–600 Series Airplanes) Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: FAA AD Differences VerDate Mar<15>2010 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. Jkt 223001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 6581 We propose to adopt a new airworthiness directive (AD) for the products listed above. 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: SUMMARY: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01– L296, dated March 4th, 2002, and 04/00/02/ 07/03–L024, dated February 3rd, 2003, the JAA [Joint Aviation Authorities] recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft * * * are required to conduct a design review against explosion risks. During improvement of the protection of fuel pump wiring against short-circuit by accomplishment of Airbus Service Bulletin (SB) A300–24–6094, a study led by the manufacturer concluded that the harness, installed through the wing panel needed to be protected to prevent possible damage in case of chafing which could potentially lead to short-circuit [and intermittent function or loss of the inner tank fuel pump. Loss of both inner tank fuel pumps could result in inability to use the remaining fuel supply in the inner tank. A short-circuit could also result in an ignition source in a flammable leakage zone]. * * * * * 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 24, 2011. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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— EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: account.airworth-eas@airbus.com; Internet https://www.airbus.com. You E:\FR\FM\07FEP1.SGM 07FEP1

Agencies

[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Proposed Rules]
[Pages 6578-6581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2611]


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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 https://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 airworthiness.A330-A340@airbus.com; Internet https://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 https://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 https://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
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