AD 2011-09-17

[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24360-24363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-10137]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0386; Directorate Identifier 2010-NM-115-AD; 
Amendment 39-16679; AD 2011-09-17]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-200, -300, -500, and 
-600 Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that supersedes an existing AD. This 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:
* * * * *
    The revision 01 of Airbus A340 ALS [Airworthiness Limitations 
section] Part 3 introduces more restrictive maintenance requirements 
and/or airworthiness limitations. Failure to comply with this 
revision constitutes an unsafe condition.
* * * * *
The unsafe condition is a safety-significant latent failure that would, 
in combination with one or more other specific failures or events, 
result in a hazardous or catastrophic failure condition. This AD 
requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective May 17, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 17, 2011.
    On January 27, 2010 (75 FR 1538, January 12, 2010), the Director of 
the Federal Register approved the incorporation by reference of a 
certain other publication listed in this AD.
    We must receive comments on this AD by June 16, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 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, 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: 

Discussion

    On December 23, 2009, we issued AD 2010-01-07, Amendment 39-16165 
(75 FR 1538, January 12, 2010). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2010-01-07, we have determined that more 
restrictive limitations are necessary. The European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, has issued EASA Airworthiness Directive 2010-
0047, dated March 19, 2010 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    The airworthiness limitations are currently distributed in the 
Airbus A340 Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to the Certification 
Maintenance Requirements (CMR) are given in Airbus A340 ALS Part 3, 
which is approved by the European Aviation Safety Agency (EASA).
    The revision 01 of Airbus A340 ALS Part 3 introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with this revision constitutes an 
unsafe condition.
    This new AD retains the requirements of EASA AD 2009-0098 [which 
corresponds to FAA AD 2010-01-07], which is superseded, and requires 
the implementation of the new or more restrictive maintenance 
requirements

[[Page 24361]]

and/or airworthiness limitations as specified in Airbus A340 ALS 
Part 3 revision 01.

The unsafe condition is a safety-significant latent failure that would, 
in combination with one or more other specific failures or events, 
result in a hazardous or catastrophic failure condition. This AD 
requires revising the maintenance program by incorporating new and 
revised CMRs. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Airbus has issued A340 ALS, Part 3--Certification Maintenance 
Requirements (CMR), Revision 01, including Appendices 1 and 2, dated 
December 15, 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-0386; Directorate 
Identifier 2010-NM-115-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this 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 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 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); 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 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.

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 Amendment 39-16165 (75 FR 
1538, January 12, 2010) and adding the following new AD:

2011-09-17 Airbus: Amendment 39-16679. Docket No. FAA-2011-0386; 
Directorate Identifier 2010-NM-115-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 17, 
2011.

Affected ADs

    (b) This AD supersedes AD 2010-01-07, Amendment 39-16165.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -213, -311, 
-312, -313, -541, and -642 airplanes; certificated in any category; 
all serial numbers.

    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)(1) 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

[[Page 24362]]

structure. The FAA has provided guidance for this determination in 
Advisory Circular (AC) 25-1529-1.

Subject

    (d) Air Transport Association (ATA) of America Code 05: Periodic 
Inspections.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
* * * * *
    The revision 01 of Airbus A340 ALS [Airworthiness Limitations 
section] Part 3 introduces more restrictive maintenance requirements 
and/or airworthiness limitations. Failure to comply with this 
revision constitutes an unsafe condition.
* * * * *
The unsafe condition is a safety-significant latent failure that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition.

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.

Restatement of Requirements of AD 2010-01-07, With No Changes

Revise the ALS of the Instructions for Continued Airworthiness (ICA)

    (g) Unless already done, within 3 months after January 27, 2010 
(the effective date of AD 2010-01-07), revise the ALS of the 
Instructions for Continued Airworthiness by incorporating Airbus 
A340 ALS, Part 3--Certification Maintenance Requirements (CMR), 
Revision 00, dated July 31, 2008. Accomplish the actions specified 
in the Airbus A340 ALS, Part 3--Certification Maintenance 
Requirements (CMR), Revision 00, dated July 31, 2008, at the times 
specified in the Airbus A340 ALS, Part 3--Certification Maintenance 
Requirements (CMR), Revision 00, dated July 31, 2008; and in 
accordance with the Airbus A340 ALS, Part 3--Certification 
Maintenance Requirements (CMR), Revision 00, dated July 31, 2008; 
except as provided by paragraphs (g)(1) and (g)(2) of this AD, and 
except as required by paragraph (h) of this AD.
    (1) Count the associated interval for any new task from January 
27, 2010, except that Airbus A340 CMR Task 212100-00001-1-C must be 
performed at the later of the times specified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD.
    (i) Before the accumulation of 2,600 total flight hours since 
the date of issuance of the original French airworthiness 
certificate or the date of issuance of the original French or EASA 
export certificate of airworthiness.
    (ii) Within 800 flight hours or 3 months, whichever comes first, 
after the approval date of the Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 00, dated 
July 31, 2008.
    (2) Count the associated interval for any revised task from the 
previous performance of the task.
    (3) Doing the revision required by paragraph (g) of this AD 
terminates the requirements of paragraph (f) of AD 2007-05-08, 
Amendment 39-14969, for that airplane only.

New Requirements of This AD

Revise the Maintenance Program

    (h) Within 3 months after the effective date of this AD, revise 
the maintenance program by incorporating Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 01, dated 
December 15, 2009. The initial compliance times for the actions 
specified in Airbus A340 ALS, Part 3--Certification Maintenance 
Requirements (CMR), Revision 01, dated December 15, 2009, are at the 
later of the times specified in the Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 01, dated 
December 15, 2009, or within 3 months after the effective date of 
this AD. Doing the revision required by this paragraph terminates 
the requirements of paragraph (g) of this AD for that airplane only.

No Alternative Actions, Intervals, and/or Critical Design Configuration 
Control Limitations (CDCCLs)

    (i) After accomplishing the revision required by paragraph (h) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used, other than those specified in Airbus A340 
ALS, Part 3--Certification Maintenance Requirements (CMR), Revision 
01, dated December 15, 2009, unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (j) of this 
AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Although European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0047, dated March 19, 2010, specifies 
both revising the maintenance program to include airworthiness 
limitations, and doing certain repetitive actions (e.g., 
inspections) and/or maintaining CDCCLs, this AD only requires the 
revision. Requiring a revision of the maintenance program, rather 
than requiring individual repetitive actions and/or maintaining 
CDCCLs, requires operators to record AD compliance only at the time 
the revision is made. Repetitive actions and/or maintaining CDCCLs 
specified in the airworthiness limitations must be complied with in 
accordance with 14 CFR 91.403(c).

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone: 425-227-1138; fax: 425-
227-1149. Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#340d19757a79190505021975797b77196671656171676067745255551a535b42"><span class="__cf_email__" data-cfemail="043d29454a49293535322945494b47295641555141575057446265652a636b72">[email&#160;protected]</span></a>. 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) 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

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0047, dated 
March 19, 2010; Airbus A340 ALS, Part 3--Certification Maintenance 
Requirements (CMR), Revision 00, dated July 31, 2008; and Airbus 
A340 ALS, Part 3--Certification Maintenance Requirements (CMR), 
Revision 01, dated December 15, 2009; for related information.

Material Incorporated by Reference

    (l) You must use Airbus A340 ALS, Part 3--Certification 
Maintenance Requirements (CMR), Revision 00, including Appendices 1 
and 2, dated July 31, 2008; and Airbus A340 ALS, Part 3--CMR, 
Revision 01, including Appendices 1 and 2, dated December 15, 2009; 
as applicable; to do the actions required by this AD, unless the AD 
specifies otherwise. (The title page of Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 01, including 
Appendices 1 and 2, dated December 15, 2009, does not specify a 
revision date; the revision date is specified on all other pages of 
this document. Only the title page and Record of Revisions specify 
the revision level of this document.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of Airbus A340 ALS, Part 3--Certification 
Maintenance Requirements (CMR), Revision 01, including Appendices 1 
and 2, dated December 15, 2009, under 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Airbus A340 ALS, Part 3--Certification 
Maintenance Requirements (CMR), Revision 00, including Appendices 1 
and 2, dated July 31, 2008, on January 27, 2010 (75 FR 1538, January 
12, 2010).
    (3) 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; e-mail: <a href="/cdn-cgi/l/email-protection#43222a31342c31372b2a2d2630306d027070736e0270777303222a312136306d202c2e"><span class="__cf_email__" data-cfemail="fa9b93888d95888e9293949f8989d4bbc9c9cad7bbc9cecaba9b9388988f89d4999597">[email&#160;protected]</span></a>; 
Internet: <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) You may review copies of the 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.
    (5) You may also review copies of the service information that 
is incorporated by

[[Page 24363]]

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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on April 20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-10137 Filed 4-29-11; 8:45 am]
BILLING CODE 4910-13-P