[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Proposed Rules]
[Pages 14497-14500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5656]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27715; Directorate Identifier 2006-NM-140-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all Airbus Model A330-200, A330-300, 
A340-200, and A340-300 series airplanes; and Model A340-541 and A340-
642 airplanes. The existing AD currently requires operators to revise 
the Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness (ICA) to incorporate new information. This 
information includes, for all affected airplanes, decreased life limit 
values for certain components; and for Model A330-200 and -300 series 
airplanes, new inspections, compliance times, and new repetitive 
intervals to detect fatigue cracking, accidental damage, or corrosion 
in certain structures. This proposed AD would revise the ALS, for all 
affected airplanes, by adding new Airworthiness Limitations Items 
(ALIs) to incorporate service life limits for certain items and 
inspections to detect fatigue cracking, accidental damage or corrosion 
in certain structures, in accordance with the revised ALS of the ICA. 
This proposed AD results from the issuance of new and more restrictive 
service life limits and structural inspections based on fatigue testing 
and in-service findings. We are proposing this AD to detect and correct 
fatigue cracking, accidental damage, or corrosion in principal 
structural elements, and to prevent failure of certain life-limited 
parts, which could result in reduced structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by April 27, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer 
International Branch, ANM-116, FAA, International Branch, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2007-27715; Directorate Identifier 2006-NM-140-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://

[[Page 14498]]

dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    On April 20, 2006, we issued AD 2006-09-07, amendment 39-14577 (71 
FR 25919, May 3, 2006), for all Airbus Model A330-200, A330-300, A340-
200, and A340-300 series airplanes; and Model A340-541 and A340-642 
airplanes. That AD requires operators to revise the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness to incorporate new information. This information 
includes, for all affected airplanes, decreased life limit values for 
certain components; and for Model A330-200 and -300 series airplanes, 
new inspections, compliance times, and new repetitive intervals to 
detect fatigue cracking, accidental damage, or corrosion in certain 
structures. That AD resulted from a revision to subsection 9-1 of the 
Airbus A330 and A340 Maintenance Planning Documents (MPD) for Life 
limits/Monitored parts, and subsection 9-2 of the Airbus A330 MPD for 
Airworthiness Limitations Items (ALIs). We issued that AD to detect and 
correct fatigue cracking, damage, or corrosion, which could result in 
reduced structural integrity of these airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-09-07, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, notified us that an unsafe condition may exist on 
all Airbus Model A330-200, A330-300, A340-200, and A340-300 series 
airplanes; and Model A340-541 and A340-642 airplanes. The EASA advises 
that Airbus has issued new service life limits and structural 
inspections based upon fatigue testing and in-service findings. Fatigue 
cracking, accidental damage, or corrosion in principal structural 
elements and failure of certain life limited parts, if not corrected, 
could result in reduced structural integrity of the airplane.
    The EASA also advises that Airbus has moved the service life limits 
from the A330/A340 MPDs into the applicable ALS Part 1. Airbus has also 
revised Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness Limitations 
Items (ALIs),'' Issue 12, dated November 1, 2003, to Issue 14, dated 
October 10, 2005. The revision to the ALIs adds new tasks to those 
specified in Issue 12; therefore, the revision has been added to the 
new requirements in this AD. In addition, a new revision to the A340 
ALS adds Airbus Document AI/SE-M4/95A.0051/97, ``A340 Airworthiness 
Limitations Items,'' Issue 9, dated January 17, 2006.
    Incorporating these revisions into the ALS of the Instructions for 
Continued Airworthiness is intended to ensure the continued structural 
integrity of these airplanes.

Relevant Service Information

    Airbus has issued A330 and A340 ALS Part 1--Safe Life Airworthiness 
Limitation Items, dated March 23, 2006, Sub-part 1-2 , ``Life Limits,'' 
and Sub-part 1-3, ``Demonstrated Fatigue Lives,'' of both ALS Part 1 
documents to specify new and more restrictive service life limits for 
certain ALIs.
    Airbus has also issued A330 and A340 ALS Part 2, Damage Tolerant 
Airworthiness Limitation Items, dated January 17, 2006. The ALS Part 2 
document refers to Airbus Document AI/SE-M4/95A.0089/97, ``A330 
Airworthiness Limitations Items,'' Issue 14, dated October 10, 2005; 
and Airbus Document AI/SE-M4/95A.0051/97, ``A340 Airworthiness 
Limitations Items,'' Issue 9, dated January 17, 2006 (both approved by 
the EASA on February 25, 2006). Part 2 references the ALI documents for 
damage tolerance inspections but does not contain them. The documents 
specify new and more restrictive inspections for structural items.
    Accomplishment of the actions specified in these documents is 
intended to adequately address the unsafe condition. The EASA mandated 
these documents and issued EASA airworthiness directives 2006-0129 and 
2006-0130, both dated May 22, 2006; and 2006-0307 and 2006-0308, both 
dated October 10, 2006; to ensure the continued airworthiness of these 
airplanes in the European Union.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the EASA airworthiness directive for 
the affected models.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2006-09-07 and would retain the 
requirements of the existing AD. This proposed AD would also require 
revising the ALS, for all affected airplanes, by adding new ALIs to 
incorporate service life limits for certain items and inspections to 
detect fatigue cracking, accidental damage or corrosion in certain 
structures, in accordance with the revised ALS of the Instructions for 
Continued Airworthiness.

Costs of Compliance

    This proposed AD would affect about 28 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

[[Page 14499]]



                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                   Action                     Work hour   Average labor               Parts                  Cost per       registered      Fleet cost
                                                          rate per hour                                      airplane        airplanes
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Revise the ALS, required by AD 2006-09-07...          1             $80  None...........................             $80              20          $1,600
Revise the ALS, new proposed action.........          1              80  None...........................              80              28           2,240
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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 have 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 that the 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. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14577 (71 FR 25919, May 3, 2006) and adding the 
following new airworthiness directive (AD):

Airbus: Docket No. FAA-2007-27715; Directorate Identifier 2006-NM-
140-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 27, 
2007.

Affected ADs

    (b) This AD supersedes AD 2006-09-07.

Applicability

    (c) This AD applies to all Airbus Model A330 and A340 airplanes; 
certificated in any category.

    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) 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) 25-1529-1.

Unsafe Condition

    (d) This AD results from the issuance of new and more 
restrictive service life limits and structural inspections based on 
fatigue testing and in-service findings. We are issuing this AD to 
detect and correct fatigue cracking, accidental damage, or corrosion 
in principal structural elements, which could result in reduced 
structural integrity of the airplane.

Compliance

    (e) 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 AD 2006-09-07

Airworthiness Limitations Revision

    (f) Within 3 months after June 7, 2006 (the effective date of AD 
2006-09-07): Revise the Airworthiness Limitations Section (ALS) of 
the Instructions for Continued Airworthiness by incorporating into 
the ALS the documents in paragraphs (f)(1) and (f)(2) of this AD, as 
applicable.
    (1) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitations Items,'' Issue 12, dated November 1, 2003, as specified 
in Section 9-2 of the Airbus A330 Maintenance Planning Document 
(MPD).
    (2) Section 9-1, ``Life limits/Monitored parts,'' Revision 05, 
dated April 7, 2005, of the Airbus A330 and A340 MPDs.
    (g) Except as provided by paragraph (h) or (j) of this AD: After 
the actions in paragraph (f) of this AD have been accomplished, no 
alternative inspections or inspection intervals may be approved for 
the structural elements specified in the documents listed in 
paragraph (f) of this AD.

New Requirements of This AD

ALS Revision

    (h) Within 3 months after the effective date of this AD: Revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate the documents specified in paragraphs (h)(1) and (h)(2) 
of this AD, as applicable. Accomplishing the revision in this 
paragraph terminates the requirements in paragraph (f) of this AD.
    (1) Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness 
Limitation Items (ALI),'' Issue 14, dated October 10, 2005; or 
Airbus Document AI/SE-M4/95A.0051/97, ``A340 Airworthiness 
Limitations Items,'' Issue 9, dated January 17, 2006.
    (2) Sub-part 1-2 ``Life Limits,'' and Sub-part 1-3 
``Demonstrated Fatigue Lives,'' of Airbus A330 or A340 ALS Part 1, 
``Safe Life Airworthiness Limitation Items,'' dated March 23, 2006, 
as applicable.
    (i) Except as provided by paragraph (j) of this AD: After the 
actions in paragraph (h) of this AD have been accomplished, no 
alternative inspections or inspection intervals may be approved for 
the structural elements specified in the documents listed in 
paragraph (f) of this AD.

[[Page 14500]]

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (k) European Aviation Safety Agency airworthiness directives 
2006-0129 and 2006-0130, both dated May 22, 2006; and 2006-0307 and 
2006-0308, both dated October 10, 2006; also address the subject of 
this AD.

    Issued in Renton, Washington, on March 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-5656 Filed 3-27-07; 8:45 am]
BILLING CODE 4910-13-P