[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9809-9811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4503]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / 
Proposed Rules

[[Page 9809]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0177; Directorate Identifier 2009-NM-222-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-243, -341, -342, and 
-343 Airplanes; and Model A340-541 and -642 Airplanes; Equipped With 
Rolls-Royce Trent 500 and Trent 700 Series Engines

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. 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: It has been evidenced by test that the tightening torque 
settings on the Rolls Royce Trent 500 and Trent 700 forward (FWD) and 
aft (AFT) engine mount link pin retention bolts have always been higher 
than the design value. These bolts retain the washers that maintain the 
engine mount vertical load pins in position. If bolts, as a consequence 
of the over-torque, fail and move away, it would lead to loss of the 
vertical load pins, which could result in loss of the primary and/or 
secondary load path of the forward and/or aft engine mount which could 
potentially lead to engine separation.
    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 April 19, 2010.

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#4c2d253e3b233e38242522293f3f620d7f7f7c610d7f787c0c2d253e2e393f622f2321"><span class="__cf_email__" data-cfemail="f1909883869e838599989f948282dfb0c2c2c1dcb0c2c5c1b1909883938482df929e9c">[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 or 425-227-1152.

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 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-2010-0177; 
Directorate Identifier 2009-NM-222-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0204, dated September 30, 2009 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been evidenced by test that the tightening torque 
settings on the Rolls Royce Trent 500 and Trent 700 forward (FWD) 
and aft (AFT) engine mount link pin retention bolts have always been 
higher than the design value. These bolts retain the washers that 
maintain the engine mount vertical load pins in position.
    If bolts, as a consequence of the over-torque, fail and move 
away, it would lead to loss of the vertical load pins, which could 
result in loss of the primary and/or secondary load path of the 
forward and/or aft engine mount which could potentially lead to 
engine separation.
    As a short term action, EASA AD 2008-0019 was issued to require 
a one-time visual inspection of the impacted FWD and AFT engine 
mount link pin retention bolts in order to detect any broken or 
missing bolts. This AD, which supersedes EASA AD 2008-0019, mandates 
a one-time [detailed] visual inspection of the FWD and AFT engine 
mount link pin retention bolts, in order to ensure that any over-
torqued bolt is replaced.

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

[[Page 9810]]

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A330-71-3022 and 
A340-71-5004, both including Appendices 01, 02, and 03, both dated May 
5, 2009. The actions described in this service information are intended 
to correct the unsafe condition identified in the MCAI.

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 1 product of U.S. registry. We also estimate that it 
would take about 10 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $10,842 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on the U.S. operator 
to be $11,692.

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 adding the following new AD:

Airbus: Docket No. FAA-2010-0177; Directorate Identifier 2009-NM-
222-AD.

Comments Due Date

    (a) We must receive comments by April 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-243, -341, -342, 
and -343 airplanes; and Model A340-541 and -642 airplanes; 
certificated in any category; equipped with Rolls-Royce Trent 500 
and Trent 700 series engines.

Subject

    (d) Air Transport Association (ATA) of America Code 71: 
Powerplant.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been evidenced by test that the tightening torque 
settings on the Rolls Royce Trent 500 and Trent 700 forward (FWD) 
and aft (AFT) engine mount link pin retention bolts have always been 
higher than the design value. These bolts retain the washers that 
maintain the engine mount vertical load pins in position.
    If bolts, as a consequence of the over-torque, fail and move 
away, it would lead to loss of the vertical load pins, which could 
result in loss of the primary and/or secondary load path of the 
forward and/or aft engine mount which could potentially lead to 
engine separation.
    As a short term action, EASA AD 2008-0019 was issued to require 
a one-time visual inspection of the impacted FWD and AFT engine 
mount link pin retention bolts in order to detect any broken or 
missing bolts. This AD, which supersedes EASA AD 2008-0019, mandates 
a one-time [detailed] visual inspection of the FWD and AFT engine 
mount link pin retention bolts, in order to ensure that any over-
torqued bolt is replaced.

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.

Actions

    (g) Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph (g)(1) or (g)(2) of this AD, 
perform a one-time detailed visual inspection for the presence of an 
``X'' marked on the heads of the link pin retention bolts of the 
forward and aft engine mount on all Rolls-Royce Trent 500 and Trent 
700 series engines, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-71-3022 (for 
Models A330-243, -341, -342, and -343 airplanes) or A340-71-5004 
(for Model A340-541 and

[[Page 9811]]

-642 airplanes), both dated May 5, 2009. If the bolt head is not 
marked with an ``X,'' before further flight, replace this bolt with 
a new bolt marked with an ``X'' on the bolt head in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-71-3022 (for Models A330-243, -341, -342, and -343 airplanes) 
or A340-71-5004 (for Model A340-541 and -642 airplanes), both dated 
May 5, 2009.
    (1) For Model A330-243, -341, -342, and -343 airplanes: Within 
4,500 flight cycles after the effective date of this AD.
    (2) For Model A340-541 and -642 airplanes: Within 2,500 flight 
cycles after the effective date of this AD.
    (h) The actions specified in paragraph (g) of this AD are not 
required for any engine installed on the airplanes listed in 
paragraph (g)(1) of this AD, having serial number 964 and 
subsequent; and the airplanes listed in paragraph (g)(2) of this AD, 
having serial number 981 and subsequent; if data records 
conclusively prove that this engine has not been replaced or re-
installed since first flight of the airplane.
    (i) After the effective date of this AD, no person may install a 
Rolls Royce Trent 500 or Trent 700 series engine on any airplane, 
unless it is in compliance with the requirements of this AD.
    (j) Although Airbus Mandatory Service Bulletins A330-71-3022 and 
A340-71-5004, both dated May 5, 2009, specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    (1) The MCAI lists certain Airbus model A330-200 series and -300 
series, and A340 series airplanes. Airbus Mandatory Service 
Bulletins A330-71-3022 and A340-71-5004, both dated May 5, 2009, 
clarify this effectivity by adding ``with Rolls-Royce Trent 500 and 
Trent 700 series engines.'' Airplanes with engines other than Rolls-
Royce Trent 500 and Trent 700 are not affected by this AD.
    (2) Although the MCAI or service information specifies 
submitting information to the manufacturer, paragraph (j) of this AD 
specifies that such submittal is not required.

Other FAA AD Provisions

    (k) 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 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 MCAI EASA Airworthiness Directive 2009-0204, dated 
September 30, 2009; Airbus Mandatory Service Bulletin A330-71-3022, 
dated May 5, 2009; and Airbus Mandatory Service Bulletin A340-71-
5004, dated May 5, 2009; for related information.

    Issued in Renton, Washington, on February 25, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-4503 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P


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