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[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37255-37258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15366]

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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; 
Amendment 39-16732; AD 2011-13-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
that applies to the products listed above. This 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 (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. We are issuing 
this AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective August 1, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 1, 
2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
9, 2007 (72 FR 9658, March 5, 2007).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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: 

Discussion

    We issued a second supplemental notice of proposed rulemaking 
(NPRM) to amend 14 CFR part 39 to include an AD that would apply to the 
specified products. That NPRM was published in the Federal Register on 
February 7, 2011 (76 FR 6578), and proposed to supersede AD 2007-05-08, 
Amendment 39-14969 (72 FR 9658, March 5, 2007). That NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    The airworthiness limitations are currently distributed in the 
Airbus A330 Airworthiness Limitations Section (ALS).
    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.
    For the reason described above, this new AD supersedes EASA AD 
2010-0048 and requires the implementation of the new or more 
restrictive maintenance requirements and/or airworthiness 
limitations as specified in Airbus A330 ALS Part 3 revision 03.

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. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Delete Requirement of No Alternative Inspection Interval

    Hawaiian Airlines (Hawaiian) requested that paragraph (j) of the 
second supplemental NPRM be removed completely, or amended to delete 
the requirement regarding the inspection interval. Hawaiian explained 
that paragraph (j) of the second supplemental NPRM would mandate that 
no alternative inspections or inspection intervals could be used unless 
approved as an alternative method of compliance (AMOC). Hawaiian argued 
that this proposed requirement would restrict operators from using the 
long standing approved

[[Page 37256]]

ALS Part 3 policy for exceptional short-term extensions, as defined in 
``Ref (C) ALS paragraph 9.'' Hawaiian reasoned that the proposed 
requirement would also restrict operators from adjusting the interval 
on two-star certification maintenance requirements (CMR**) in 
accordance with the operators approved escalation practices or approved 
reliability program, as allowed per ``Ref (C) paragraph 6.B.''
    We partially agree. While we do not agree to remove paragraph (j) 
or delete the inspection interval in paragraph (j) of this final rule, 
we agree to add the phrase, ``other than those specified in Airbus A330 
ALS, Part 3--Certification Maintenance Requirements, Revision 03, dated 
July 29, 2010,'' which allows operators to use alternative inspections 
and alternative inspection intervals within the guidelines of Airbus 
A330 ALS, Part 3--Certification Maintenance Requirements, Revision 03, 
dated July 29, 2010. We have also revised paragraph (g) of this AD by 
replacing the phrase ``at the times'' with the phrase ``within the 
times'' to clarify all compliance times and extensions specified in 
Airbus A330 ALS, Part 3--Certification Maintenance Requirements, 
Revision 03, dated July 29, 2010, are acceptable.

Request for Inclusion of Appropriate AD

    Airbus requested that we revise the second supplemental NPRM to 
reference the European Aviation Safety Agency (EASA) AD 2006-0224, 
dated July 27, 2006, instead of EASA AD 2006-0225, dated July 21, 2006. 
Airbus explained that EASA AD 2006-0225, dated July 21, 2006, is listed 
in the Related Information paragraph (paragraph (l)) of the second 
supplemental NPRM.
    We agree to revise this final rule to reference EASA AD 2006-0224, 
dated July 27, 2006, in paragraph (l) of this AD. We have determined 
that EASA AD 2006-0224, dated July 27, 2006, is the appropriate 
corresponding EASA AD for this final rule.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the 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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect about 55 products of U.S. 
registry.
    The actions that are required by AD 2007-05-08 and retained in this 
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 will take about 1 work-hour per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD to the 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-14969 (72 FR 
9658, March 5, 2007) and adding the following new AD:

2011-13-09 Airbus: Amendment 39-16732. Docket No. FAA-2009-1212; 
Directorate Identifier 2008-NM-167-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
1, 2011.

Affected ADs

    (b) This AD supersedes AD 2007-05-08, Amendment 39-14969.

[[Page 37257]]

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 (ALS) 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 Airbus A330 Certification Maintenance 
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006, 
at the times specified in Airbus A330 Certification Maintenance 
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006, 
and in accordance with Airbus A330 Certification Maintenance 
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006, 
except as provided by paragraphs (f)(1) and (f)(2) of this AD.
    (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. Within 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 Certification Maintenance Requirements (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 Airbus 
A330 CMR Task 213100-00001-2-C, Pressure Control Monitoring, 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 Airbus A330 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 Airbus 
A330 CMR Tasks 242000-00005-1-C, AC Generation; 243000-00001-1-C, DC 
Generation; and 243000-00002-1-C, DC Generation; 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 Airbus A330 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, other than those specified in Airbus A330 ALS, Part 3--
Certification Maintenance Requirements, Revision 03, dated July 29, 
2010, 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, 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

    (l) Refer to European Aviation Safety Agency (EASA) 
Airworthiness Directives 2006-0224, dated July 27, 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.

Material Incorporated by Reference

    (m) You must use 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; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise. The revision 
level of Airbus A330 ALS, Part 3--Certification Maintenance 
Requirements, Revision 03, dated July 29, 2010, is identified only 
on the title page of the document; the revision date of this 
document is not identified on the title page.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Airbus A330 ALS, Part 3--Certification 
Maintenance Requirements, Revision 03, dated July 29, 2010, under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Airbus A330 Certification

[[Page 37258]]

Maintenance Requirements, Document 955.2074/93, Issue 19, dated 
March 22, 2006; on April 9, 2007 (72 FR 9658, March 5, 2007).
    (3) For service information identified in this 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 http://www.airbus.com.
    (4) You may review copies of the 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.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15366 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P
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