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[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Proposed Rules]
[Pages 52585-52588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21055]

========================================================================
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. 79, No. 171 / Thursday, September 4, 2014 / 
Proposed Rules

[[Page 52585]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0620; Directorate Identifier 2013-NM-238-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2007-22-
10, for all Airbus Model A330-200, A330-300, A340-200, A340-300, A340-
500, and A340-600 series airplanes. AD 2007-22-10 currently requires 
repetitive inspections of the left-hand and right-hand wing main 
landing gear (MLG) rib 6 aft bearing lugs (forward and aft) to detect 
any cracking, and replacement if necessary. Since we issued AD 2007-22-
10, we have received reports of additional cracking of the MLG rib 6 
aft bearing forward lug. This proposed AD would expand the 
applicability and reduce certain compliance times. We are proposing 
this AD to detect and correct cracking of the MLG rib 6 aft bearing 
lugs, which could result in collapse of the MLG upon landing.

DATES: We must receive comments on this proposed AD by October 20, 
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 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; 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0620; 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 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, WA 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-2014-0620; 
Directorate Identifier 2013-NM-238-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 October 24, 2007, we issued AD 2007-22-10, Amendment 39-15246 
(72 FR 61796, November 1, 2007. (A correction of that AD was published 
in the Federal Register on November 16, 2007 (72 FR 64532).) AD 2007-
22-10 superseded AD 2007-03-04, Amendment 39-14915 (72 FR 4416, January 
31, 2007). AD 2007-22-10 requires actions intended to address an unsafe 
condition on all Airbus Model A330-200, A330-300, A340-200, A340-300, 
A340-500, and A340-600 series airplanes.
    Since we issued AD 2007-22-10, Amendment 39-15246 (72 FR 61796, 
November 1, 2007; corrected November 16, 2007 (72 FR 64532)), we have 
received reports of additional cracking of the MLG rib 6 aft bearing 
forward lug on several other Model A330 and A340 airplanes. Based on 
the safety analysis performed by the manufacturer, this proposed AD 
would expand the applicability and reduce certain compliance times.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0271, dated November 14, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During Main Landing Gear (MLG) lubrication, a crack was visually 
found in the MLG rib 6 aft bearing forward lug on one A330 in-
service aeroplane. The crack had extended through the entire 
thickness of the forward lug at approximately the 4 o'clock position 
(when looking forward). It has been determined that similar type of 
crack can develop on other aeroplane types that are listed in the 
Applicability paragraph.
    This condition, if not detected and corrected, could affect the 
structural integrity of the MLG attachment.
    To address this situation, Airbus issued inspection Service 
Bulletins (SB) A330-57-3096, A340-57-4104 and A340-57-5009 to 
instruct repetitive inspection [for cracking] of the gear rib lugs.
    Prompted by these findings, EASA issued Emergency AD 2006-0364-E 
[http://

[[Page 52586]]

ad.easa.europa.eu/ad/2006-0364-E] to require repetitive detailed 
visual inspections of the Left Hand (LH) and Right Hand (RH) wing 
MLG rib 6 aft bearing lugs [and replacement if necessary]. Later 
EASA issued AD 2007-0247R1-E [which corresponds to FAA AD 2007-22-
10, Amendment 39-15246 (72 FR 61796, November 1, 2007)], which 
superseded EAD 2006-0364-E, to:

--Expand the applicability to all A330 and A340 aeroplanes, because 
the interference fit bushes cannot be considered as a terminating 
action, owing to unknown root cause; and
--Add a second parameter quoted in Flight Hours (FH) to the 
inspection interval in order to reflect the aeroplane utilization in 
service.

    EASA AD 2007-0247R1-E was republished to correct a typographical 
error.
    Since the first crack finding and issuance of the inspection SBs 
and related ADs, six further cracks have been reported.
    For the reasons described above, this [EASA] AD, which 
supersedes EASA EAD 2007-0247 R1-E and retains its requirements, is 
issued to expand the applicability to the newly certified models 
A330-223F and A330-243F and to reduce the threshold further to the 
risk assessment of recent in-service experience.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0620.

Relevant Service Information

    Airbus has issued the following service bulletins.
     Airbus Service Bulletin A330-57-3096, Revision 05, dated 
October 17, 2013.
     Airbus Service Bulletin A340-57-4104, Revision 04, dated 
October 17, 2013.
     Airbus Service Bulletin A340-57-5009, Revision 03, dated 
October 17, 2013.
    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.

``Contacting the Manufacturer'' Paragraph in This Proposed 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.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA 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 proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
Airbus's EASA 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 signature approval 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 proposed AD.

[[Page 52587]]

Costs of Compliance

    We estimate that this proposed AD affects 81 airplanes of U.S. 
registry.
    We estimate that it would take about 2 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 $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $13,770, or $170 per product.
    We have no definitive data that would enable us to provide a cost 
estimate for the on-condition actions specified in this proposed AD.

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);
    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.

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

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. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2007-22-
10, Amendment 39-15246 (72 FR 61796, November 1, 2007; corrected 
November 16, 2007 (72 FR 64532)), and adding the following new AD:

Airbus: Docket No. FAA-2014-0620; Directorate Identifier 2013-NM-
238-AD.

(a) Comments Due Date

    We must receive comments by October 20, 2014.

(b) Affected ADs

    This AD replaces AD 2007-22-10, Amendment 39-15246 (72 FR 61796, 
November 1, 2007; corrected November 16, 2007 (72 FR 64532)).

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -243F -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes; and Model A340-211, -212, -213 -311, -312, -313, 
-541, and -642 airplanes; certificated in any category; all 
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports of cracking of the main landing 
gear (MLG) rib 6 aft bearing forward lug. We are issuing this AD to 
detect and correct cracking of the MLG rib 6 aft bearing lugs, which 
could result in collapse of the MLG upon landing.

(f) Compliance

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

(g) Inspections

    Before the accumulation of 42 months since the airplane's first 
flight or since the last MLG support rib replacement, as applicable; 
or within 4 months after the effective date of this AD; whichever 
occurs later: Do a detailed inspection for cracking of the left-hand 
and right-hand wing MLG rib 6 aft bearing lugs (forward and aft), in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-57-3096, Revision 05, dated October 17, 2013 (for 
Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes); A340-57-
4104, Revision 04, dated October 17, 2013 (for Model A340-211, -212, 
-213, -311, -312, -313 airplanes); or A340-57-5009, Revision 03, 
dated October 17, 2013 (for Model A340-541 and -642 airplanes). 
Repeat the inspections at the times specified in paragraphs (g)(1) 
through (g)(7) of this AD, as applicable.
    (1) For Model A330-201, -202, -203, -223, and -243 airplanes, 
repeat the inspections at intervals not to exceed 300 flight cycles 
or 1,500 flight hours, whichever occurs first.
    (2) For Model A330-223F and -243F airplanes, repeat the 
inspections at intervals not to exceed 300 flight cycles or 900 
flight hours, whichever occurs first.
    (3) For Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes, repeat the inspections at intervals not to 
exceed 300 flight cycles or 900 flight hours, whichever occurs 
first.
    (4) For Model A340-211, -212, and -213 airplanes, repeat the 
inspections at intervals not to exceed 200 flight cycles or 800 
flight hours, whichever occurs first.
    (5) For Model A340-311 and -312 airplanes; and Model A340-313 
airplanes (except weight variant (WV) 27), repeat the inspections at 
intervals not to exceed 200 flight cycles or 800 flight hours, 
whichever occurs first.
    (6) For Model A340-313 (only WV27) airplanes, repeat the 
inspections at intervals not to exceed 200 flight cycles or 400 
flight hours, whichever occurs first.
    (7) For Model A340-541 and -642 airplanes, repeat the 
inspections at intervals not to exceed 100 flight cycles or 500 
flight hours, whichever occurs first.

(h) Corrective Action

    If any cracking is found during any inspection required by 
paragraph (g) of this AD, before further flight, replace the cracked 
MLG support rib 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. Replacement of a 
MLG support rib does not terminate the repetitive inspections 
required by paragraph (g) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the corresponding actions 
required by paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using the applicable 
service bulletin identified in paragraphs (i)(1) through (i)(12) of 
this AD.
    (1) Airbus Service Bulletin A330-57A3096, dated December 5, 
2006, which was incorporated by reference in AD 2007-03-04, 
Amendment 39-14915 (74 FR 4416, January 31, 2007), on February 15, 
2007.
    (2) Airbus Service Bulletin A330-57A3096, Revision 01, dated 
April 18, 2007, which is not incorporated by reference by this AD.

[[Page 52588]]

    (3) Airbus Service Bulletin A330-57-3096, Revision 02, dated 
August 13, 2007, which was incorporated by reference in AD 2007-22-
10, Amendment 39-15246 (72 FR 61796, November 1, 2007; corrected 
November 16, 2007 (72 FR 64532)), on November 16, 2007.
    (4) Airbus Service Bulletin A330-57-3096, Revision 03, dated 
October 24, 2012, which is not incorporated by reference by this AD.
    (5) Airbus Service Bulletin A330-57-3096, Revision 04, dated 
February 6, 2013, which is not incorporated by reference by this AD.
    (6) Airbus Service Bulletin A340-57A4104, dated December 5, 
2006, which was incorporated by reference in AD 2007-03-04, 
Amendment 39-14915 (72 FR 4416, January 31, 2007), on February 15, 
2007.
    (7) Airbus Service Bulletin A340-57-4104, Revision 01, dated 
August 13, 2007, which is not incorporated by reference by this AD.
    (8) Airbus Service Bulletin A340-57-4104, Revision 02, dated 
September 5, 2007, which was incorporated by reference in AD 2007-
22-10, Amendment 39-15246 (72 FR 61796, November 1, 2007; corrected 
November 16, 2007 (72 FR 64532)), on November 16, 2007.
    (9) Airbus Service Bulletin A340-57-4104, Revision 03, dated 
October 24, 2012, which is not incorporated by reference by this AD.
    (10) Airbus Service Bulletin A340-57A5009, dated December 5, 
2006, which was incorporated by reference in AD 2007-03-04, 
Amendment 39-14915 (72 FR 4416, January 31, 2007), on February 15, 
2007.
    (11) Airbus Service Bulletin A340-57-5009, Revision 01, dated 
August 13, 2007, which was incorporated by reference in AD 2007-22-
10, Amendment 39-15246 (72 FR 61796, November 1, 2007; corrected 
November 16, 2007 (72 FR 64532)), on November 16, 2007.
    (12) Airbus Service Bulletin A340-57-5009, Revision 02, dated 
October 24, 2012, which is not incorporated by reference by this AD.

(j) Other FAA AD Provisions

    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. 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.
    (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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0271, dated November 14, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0620.
    (2) 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 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.

    Issued in Renton, Washington, on August 25, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-21055 Filed 9-3-14; 8:45 am]
BILLING CODE 4910-13-P
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