[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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#89e8e0fbfee6fbfde1e0e7ecfafaa7c8babab9a4c8babdb9c9e8e0fbebfcfaa7eae6e4"><span class="__cf_email__" data-cfemail="a2c3cbd0d5cdd0d6cacbccc7d1d18ce39191928fe3919692e2c3cbd0c0d7d18cc1cdcf">[email protected]</span></a>; 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: 
<a href="/cdn-cgi/l/email-protection#625b4f232c2f4f5353544f232f2d214f3027333727313631220403034c050d14"><span class="__cf_email__" data-cfemail="427b6f030c0f6f7373746f030f0d016f1007131707111611022423236c252d34">[email protected]</span></a>. 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]
BILLING CODE 4910-13-P


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