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[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52181-52184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20258]

[[Page 52181]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0190; Directorate Identifier 2012-NM-188-AD; 
Amendment 39-17959; AD 2014-17-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2011-17-08 for 
all Airbus Model A330-200 series airplanes, Model A330-200 Freighter 
series airplanes, and Model A330-300 series airplanes. AD 2011-17-08 
required revising the maintenance program by incorporating certain 
Airworthiness Limitation Items (ALIs). This new AD requires a revision 
to the maintenance or inspection program, as applicable, to incorporate 
new or revised structural inspection requirements. This AD was prompted 
by a revision of certain airworthiness limitations items (ALI) 
documents, which specifies more restrictive instructions and/or 
airworthiness limitations. We are issuing this AD to detect and correct 
fatigue cracking, damage, and corrosion in certain structure, which 
could result in reduced structural integrity of the airplane.

DATES: This AD becomes effective October 8, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 8, 
2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
September 30, 2011 (76 FR 53303, August 26, 2011).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0190; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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; 
email airworthiness.A330-A340@airbus.com; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2011-17-08, Amendment 39-16772 (76 FR 53303, 
August 26, 2011), which superseded AD 2006-09-07, Amendment 39-14577 
(71 FR 25919, May 3, 2006). AD 2011-17-08 applied to all Airbus Model 
A330-200 series airplanes, Model A330-200 Freighter series airplanes, 
and Model A330-300 series airplanes. The NPRM published in the Federal 
Register on April 8, 2014 (79 FR 19294). The NPRM was prompted by a 
revision of certain airworthiness limitations items (ALI) documents, 
which specifies more restrictive instructions and/or airworthiness 
limitations. The NPRM proposed to require revising the maintenance 
program by incorporating certain ALIs. We are issuing this AD to detect 
and correct fatigue cracking, damage, and corrosion in certain 
structure, which could result in reduced structural integrity of the 
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0211, dated October 12, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A330-200 series airplanes, Model A330-200 Freighter series airplanes, 
and Model A330-300 series airplanes. The MCAI states:

    The airworthiness limitations are currently defined and 
published in the Airbus A330 Airworthiness Limitations Section 
(ALS).
    The airworthiness limitations applicable to the Damage Tolerant 
Airworthiness Limitation Items (DT ALI) are currently specified in 
Airbus A330 ALI, Airbus Document reference AI/SE-M4/95A.0089/97, 
which is approved by EASA and referenced in Airbus ALS Part 2.
    Issue 19 of the Airbus A330 ALI Document introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with the relevant instructions could 
result in an unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2010-0174 [http://ad.easa.europa.eu/blob/
easaad20100174superseded.pdf/
AD2010-01741] [which corresponds to FAA AD 2011-
17-08, Amendment 39-16772 (76 FR 53303, August 26, 2011)], which is 
superseded, and requires the implementation of the new or more 
restrictive maintenance instructions and/or airworthiness 
limitations as specified in Airbus A330 ALI Document reference AI/
SE-M4/95A.0089/97 issue 19.

    The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural integrity 
of the airplane. You may examine the MCAI in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0190-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 19294, April 8, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or 
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of 
deviations during the accomplishment of an AD-mandated action. The 
Airworthy Product paragraph does not approve messages or other 
information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a

[[Page 52182]]

manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA design organization approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized are not EASA-approved, unless 
EASA directly approves the manufacturer's message or other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 19294, April 8, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 19294, April 8, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 30 airplanes of U.S. registry.
    The actions that are required by AD 2011-17-08, Amendment 39-16772 
(76 FR 53303, August 26, 2011), 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 actions that were 
required by AD 2011-17-08 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the 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 on U.S. operators to be $2,550, 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 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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0190; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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 Airworthiness Directive (AD) 
2011-17-08, Amendment 39-16772 (76 FR 53303, August 26, 2011), and 
adding the following new AD:

2014-17-06 Airbus: Amendment 39-17959. Docket No. FAA-2014-0190; 
Directorate Identifier 2012-NM-188-AD.

(a) Effective Date

    This AD becomes effective October 8, 2014.

(b) Affected ADs

    This AD replaces AD 2011-17-08, Amendment 39-16772 (76 FR 53303, 
August 26, 2011).

(c) Applicability

    This AD applies to 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 manufacturer serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
inspections.

(e) Reason

    This AD was prompted by a revision of certain airworthiness 
limitations items (ALI)

[[Page 52183]]

documents, which specifies more restrictive instructions and/or 
airworthiness limitations. We are issuing this AD to detect and 
correct fatigue cracking, damage, and corrosion in certain 
structure, which could result in reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance Program Revision

    This paragraph restates the requirements of paragraph (h) of AD 
2011-17-08, Amendment 39-16772 (76 FR 53303, August 26, 2011), with 
no changes. Within 3 months after September 30, 2011 (the effective 
date of this AD 2011-17-08): 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.

(h) Retained Requirement: No Alternative Intervals or Limits

    This paragraph restates the requirements of paragraph (i) of AD 
2011-17-08, Amendment 39-16772 (76 FR 53303, August 26, 2011), with 
no changes. Except as provided by paragraphs (i) and (k)(1) of this 
AD, after accomplishing the actions specified in paragraph (g) of 
this AD, no alternatives to the maintenance tasks, intervals, or 
limitations specified in paragraph (g) of this AD may be used.

(i) New Maintenance or Inspection Program Revision

    (1) Within 3 months after the effective date of this AD: Revise 
the maintenance or inspection program, as applicable, by 
incorporating Airbus Document AI/SE-M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012; 
``Variation to Issue 19 of ALI Document (referenced in ALS Part 2) 
Damage Tolerant Airworthiness Limitation Items (DT ALI),'' variation 
reference 0GVLG120018/C0S, dated October 24, 2012; and ``Variation 
to Issue 19 of ALI Document (referenced in ALS Part 2) Damage 
Tolerant Airworthiness Limitation Items (DT ALI),'' variation 
reference 0GVLG130002/C01, dated March 26, 2013.
    (2) Comply with all applicable instructions and airworthiness 
limitations included in Airbus Document AI/SE M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012; 
``Variation to Issue 19 of ALI Document (referenced in ALS Part 2) 
Damage Tolerant Airworthiness Limitation Items (DT ALI),'' variation 
reference 0GVLG120018/C0S, dated October 24, 2012; and ``Variation 
to Issue 19 of ALI Document (referenced in ALS Part 2) Damage 
Tolerant Airworthiness Limitation Items (DT ALI),'' variation 
reference 0GVLG130002/C01, dated March 26, 2013. The initial 
compliance times for the actions specified Airbus Document AI/SE-M4/
95A.0089/97, ``A330 Airworthiness Limitation Items,'' Issue 19, 
dated March 23, 2012; ``Variation to Issue 19 of ALI Document 
(referenced in ALS Part 2) Damage Tolerant Airworthiness Limitation 
Items (DT ALI),'' variation reference 0GVLG120018/C0S, dated October 
24, 2012; and ``Variation to Issue 19 of ALI Document (referenced in 
ALS Part 2) Damage Tolerant Airworthiness Limitation Items (DT 
ALI),'' 0GVLG130002/C01, dated March 26, 2013; are at the times 
specified in Airbus Document AI/SE-M4/95A.0089/97, ``A330 
Airworthiness Limitation Items,'' Issue 19, dated March 23, 2012; 
``Variation to Issue 19 of ALI Document (referenced in ALS Part 2) 
Damage Tolerant Airworthiness Limitation Items (DT ALI),'' variation 
ref. 0GVLG120018/C0S, dated October 24, 2012; and ``Variation to 
Issue 19 of ALI Document (referenced in ALS Part 2) Damage Tolerant 
Airworthiness Limitation Items (DT ALI),'' variation ref. 
0GVLG130002/C01, dated March 26, 2013; or within 3 months after the 
effective date of this AD, whichever occurs later. Accomplishing the 
revision in this paragraph ends the requirements in paragraph (g) of 
this AD.

(j) New Optional Compliance

    Compliance with tasks 533021-02-01, 533021-02-02, and 533021-02-
03, specified in ``Variation to Issue 19 of ALI Document (referenced 
in ALS Part 2) Damage Tolerant Airworthiness Limitation Items (DT 
ALI),'' variation ref. 0GVLG120022/C0S, dated December 21, 2012, may 
be used as a method of compliance to tasks 533021-01-01, 533021-01-
02, 533021-01-03 specified in Section 2.2.1 and 2.2.2 of Section 2, 
``Airworthiness Limitations,'' of Airbus Document AI/SE M4/95A.0089/
97, ``A330 Airworthiness Limitation Items,'' Issue 19, dated March 
23, 2012.

(k) New Requirement: No Alternative Intervals or Limits

    Except as provided by paragraph (j) of this AD, after the 
maintenance or inspection program, as applicable, has been revised 
as required by paragraph (i) of this AD, no alternative actions 
(e.g., inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
under the provisions of paragraph (l)(1) of this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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. 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, 
WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. AMOCs 
approved previously for AD 2011-17-08, Amendment 39-16772 (76 FR 
53303, August 26, 2011), are approved as AMOCs for the corresponding 
provisions of paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

 (m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2012-0211, 
dated October 12, 2012, for related information. You may examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0190-0002.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR 
October 8, 2014.
    (i) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items,'' Issue 19, dated March 23, 2012.
    (ii) ``Variation to Issue 19 of ALI Document (referenced in ALS 
Part 2) Damage Tolerant Airworthiness Limitation Items (DT ALI),'' 
variation ref. 0GVLG120018/C0S, dated October 24, 2012.
    (iii) ``Variation to Issue 19 of ALI Document (referenced in ALS 
Part 2) Damage Tolerant Airworthiness Limitation Items (DT ALI),'' 
variation ref. 0GVLG120022/C0S, dated December 21, 2012.
    (iv) ``Variation to Issue 19 of ALI Document (referenced in ALS 
Part 2) Damage Tolerant Airworthiness Limitation Items (DT ALI),'' 
variation ref. 0GVLG130002/C01, dated March 26, 2013.
    (4) The following service information was approved for IBR on 
September 30, 2011 (76 FR 53303, August 26, 2011).
    (i) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items,'' Issue 17, dated May 28, 2010.
    (ii) Reserved.
    (5) 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; email airworthiness.A330-A340@airbus.com; 
Internet http://www.airbus.com.

[[Page 52184]]

    (6) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-20258 Filed 9-2-14; 8:45 am]
BILLING CODE 4910-13-P
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