AD 2011-17-09

[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Rules and Regulations]
[Pages 53305-53308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-21625]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0225; Directorate Identifier 2010-NM-211-AD; 
Amendment 39-16773; AD 2011-17-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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 airworthiness limitations applicable to the Safe Life 
Airworthiness Limitation Items (SL ALI) are given in Airbus A330 ALS 
Part 1 and A340 ALS Part 1, which are approved by the European 
Aviation Safety Agency (EASA).
    The revision 05 of Airbus A340 ALS Part 1 introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with this revision constitutes an 
unsafe condition.
    For A330 aeroplanes, this EASA AD retains the requirements of 
EASA AD 2010-0131, which it supersedes.
    For A340 aeroplanes, this EASA AD supersedes EASA AD 2009-0192, 
and requires the implementation of the new or more restrictive 
maintenance requirements and/or airworthiness limitations as 
specified in Airbus A340 ALS Part 1, revision 05.

    The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural integrity 
of the airplane. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective September 30, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
30, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
7, 2006 (71 FR 25919, May 3, 2006).

ADDRESSES: 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 U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 22, 2011 (76 
FR 15872). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The airworthiness limitations are currently distributed in the 
Airbus A330 Airworthiness Limitations Section (ALS) and A340 ALS.
    The airworthiness limitations applicable to the Safe Life 
Airworthiness Limitation Items (SL ALI) are given in Airbus A330 ALS 
Part 1 and A340 ALS Part 1, which are approved by the European 
Aviation Safety Agency (EASA).
    The revision 05 of Airbus A340 ALS Part 1 introduces more 
restrictive maintenance

[[Page 53306]]

requirements and/or airworthiness limitations. Failure to comply 
with this revision constitutes an unsafe condition.
    For A330 aeroplanes, this EASA AD retains the requirements of 
EASA AD 2010-0131, which it supersedes.
    For A340 aeroplanes, this EASA AD supersedes EASA AD 2009-0192, 
and requires the implementation of the new or more restrictive 
maintenance requirements and/or airworthiness limitations as 
specified in Airbus A340 ALS Part 1, revision 05.

    The unsafe condition is fatigue cracking, damage, and corrosion in 
certain structure, which could result in reduced structural integrity 
of the airplane. You may obtain further information by examining the 
MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Include Variations to the Airworthiness Limitations Section 
(ALS) Specified in Paragraph (h)

    Delta stated that Airbus Variations 0GVLG100008C0S to Revision 04, 
dated July 7, 2010, of Airbus A330 ALS Part 1, ``Safe Life 
Airworthiness Limitation Items,'' and 0GVLG110009C0S to Revision 05, 
dated March 31, 2011, of Airbus A330 ALS Part 1, ``Safe Life 
Airworthiness Limitation Items,'' are approved variations to Airbus 
A330 ALS Part 1, ``Safe Life Airworthiness Limitation Items,'' Revision 
05, dated July 29, 2010, as defined in paragraph (h) of the NPRM. Delta 
recommends that these variations be included in the requirements in 
paragraph (h).
    We do not agree with the commenter's request. Based on information 
received from Airbus, those variations are not mandatory, but offer an 
alternative method of compliance (AMOC) to the requirements in 
paragraph (h) of this AD. We do not consider it appropriate to include 
various provisions in an AD applicable only to certain airplanes or to 
a single operator's unique use of an affected airplane. Individual 
operators may request approval of an AMOC under the provisions of 
paragraph (j) of this AD, provided sufficient data are submitted to 
substantiate such a request. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 55 products of U.S. 
registry.
    The actions that are required by AD 2006-09-07, Amendment 39-14577 
(71 FR 25919, May 3, 2006), take about 1 work-hour per product, at an 
average labor rate of $85 per work hour. Based on these figures, the 
estimated cost of the currently required actions is $85 per product.
    We estimate that it will take about 1 work-hour per product to 
comply with the requirements of this AD. The average labor rate is $85 
per work-hour. Based on these figures, we estimate the cost of the AD 
on U.S. operators to be $4,675, or $85 per product.

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.

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 the NPRM, 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.

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 adding the following new AD:

2011-17-09 Airbus: Amendment 39-16773. Docket No. FAA-2011-0225; 
Directorate Identifier 2010-NM-211-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 30, 2011.

Affected ADs

    (b) AD 2011-17-08, Amendment 39-16772, also published in today's 
Federal Register, is affected by this AD. AD 2011-17-08 supersedes 
AD 2006-09-07, Amendment 39-14577 (71 FR 25919, May 3, 2006). The

[[Page 53307]]

requirements of paragraph (f)(2) of AD 2006-09-07 (paragraph (g) of 
AD 2011-17-08) for Airbus Model A330 airplanes are restated in this 
AD.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223, 
-223F, -243, and -243F airplanes, and Model A330-301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes, certificated in any 
category, all manufacturer 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 operational safety of the airplane.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
* * * * *
    The airworthiness limitations applicable to the Safe Life 
Airworthiness Limitation Items (SL ALI) are given in Airbus A330 ALS 
Part 1 and A340 ALS Part 1, which are approved by the European 
Aviation Safety Agency (EASA).
    The revision 05 of Airbus A340 ALS Part 1 introduces more 
restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with this revision constitutes an 
unsafe condition.
    For A330 aeroplanes, this EASA AD retains the requirements of 
EASA AD 2010-0131, which it supersedes.
    For A340 aeroplanes, this EASA AD supersedes EASA AD 2009-0192, 
and requires the implementation of the new or more restrictive 
maintenance requirements and/or airworthiness limitations as 
specified in Airbus A340 ALS Part 1, revision 05.
    The unsafe condition is fatigue cracking, damage, and corrosion 
in certain structure, which could result in reduced structural 
integrity of the airplane.

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 Paragraph (f)(2) of AD 2006-09-07: 
Airworthiness Limitations Revision

    (g) For Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes: Within 3 
months after June 7, 2006 (the effective date of AD 2006-09-07 (71 
FR 25919, May 3, 2006)), revise the ALS of the Instructions for 
Continued Airworthiness by incorporating Section 9-1 ``Life limit/
Monitored parts,'' Revision 05, dated April 7, 2005, of the Airbus 
A330 Maintenance Planning Document, into the ALS.

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 A330 ALS Part 1, 
``Safe Life Airworthiness Limitation Items,'' Revision 05, dated 
July 29, 2010. Comply with all Airbus A330 ALS Part 1, ``Safe Life 
Airworthiness Limitation Items,'' Revision 05, dated July 29, 2010, 
at the times specified therein. Accomplishing the revision in this 
paragraph ends the requirements in paragraph (g) of this AD.

Alternative Intervals or Limits

    (i) Except as provided by paragraph (j)(1) of this AD, after 
accomplishing the actions specified in paragraph (h) of this AD, no 
alternatives to the maintenance tasks, intervals, or limitations 
specified in paragraph (h) of this AD may be used.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows:
    (1) Although the applicability in the MCAI also identifies 
Airbus Model A340-200, -300, -500, and -600 series airplanes, this 
AD only applies to Airbus Model A330-200 and -300 series airplanes. 
FAA AD 2011-04-06, Amendment 39-16606 (76 FR 8610, February 15, 
2011), addresses Model A340-200, -300, -500, and -600 series 
airplanes.
    (2) The applicability in the MCAI does not specify Model A330-
223F and -243F airplanes. Those models are listed in the 
applicability of this AD.
    (3) The MCAI requires incorporating Airbus A330 ALS Part 1, 
``Safe Life Airworthiness Limitation Items,'' Revision 04, dated 
January 28, 2010; however, this AD requires incorporating Airbus 
A330 ALS Part 1, ``Safe Life Airworthiness Limitation Items,'' 
Revision 05, dated July 29, 2010, which adds the airworthiness 
limitation items for Model A330-223F and -243F airplanes.

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, 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. Information may be e-mailed to: 
<a href="/cdn-cgi/l/email-protection#9ea7b3dfd0d3b3afafa8b3dfd3d1ddb3ccdbcfcbdbcdcacddef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="dfe6f29e9192f2eeeee9f29e92909cf28d9a8e8a9a8c8b8c9fb9bebef1b8b0a9">[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 2010-0253, dated 
December 3, 2010; Section 9-1 ``Life limit/Monitored parts'' 
Revision 05, dated April 7, 2005, of the Airbus A330 Maintenance 
Planning Document; and Airbus A330 ALS Part 1, ``Safe Life 
Airworthiness Limitation Items,'' Revision 05, dated July 29, 2010; 
for related information.

Material Incorporated by Reference

    (l) You must use Airbus A330 ALS Part 1, ``Safe Life 
Airworthiness Limitation Items,'' Revision 05, dated July 29, 2010; 
and Airbus A330 ALS Section 9-1 ``Life limit/Monitored parts'' 
Revision 05, dated April 7, 2005, of the Airbus A330 Maintenance 
Planning Document; as applicable; to do the actions required by this 
AD, unless the AD specifies otherwise. The revision level of Airbus 
A330 ALS Part 1, ``Safe Life Airworthiness Limitation Items,'' 
Revision 05, dated July 29, 2010, is indicated only on the title 
page and in the Record of Revisions of this document; the revision 
date of this document is not indicated on the title page of this 
document.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Airbus A330 ALS Part 1, ``Safe Life 
Airworthiness Limitation Items,'' Revision 05, dated July 29, 2010, 
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 Section 9-1 ``Life limit/Monitored 
parts,'' Revision 05, dated April 7, 2005, of the Airbus A330 
Maintenance Planning Document, on June 7, 2006 (71 FR 25919, May 3, 
2006).
    (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#3f5e564d48504d4b5756515a4c4c117e0c0c0f127e0c0b0f7f5e564d5d4a4c115c5052"><span class="__cf_email__" data-cfemail="bcddd5cecbd3cec8d4d5d2d9cfcf92fd8f8f8c91fd8f888cfcddd5cedec9cf92dfd3d1">[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 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: http://
www.archives.gov/federal--register/

[[Page 53308]]

code--of--federal--regulations/ibr--locations.html.

    Issued in Renton, Washington, on August 2, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-21625 Filed 8-25-11; 8:45 am]
BILLING CODE 4910-13-P