FR Doc E7-5656

[Federal Register: March 28, 2007 (Volume 72, Number 59)]
[Proposed Rules]
[Page 14497-14500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr07-26]

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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.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
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.

[[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

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]

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