[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Proposed Rules]
[Pages 62672-62676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21163]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9069; Directorate Identifier 2016-NM-012-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2015-16-
02, for all Airbus Model A330 series airplanes. AD 2015-16-02 currently
requires revising the maintenance program or inspection program to
incorporate certain maintenance requirements and airworthiness
limitations. Since we issued AD 2015-16-02, we received a revision of
an airworthiness limitations items (ALI) document, which provides new
and more restrictive maintenance requirements and airworthiness
limitations for airplane structures and systems. This proposed AD would
require revising the maintenance or inspection program to incorporate
new maintenance requirements and airworthiness limitations. We are
proposing this AD to prevent reduced structural integrity and reduced
control of these airplanes due to the failure of system components.
DATES: We must receive comments on this proposed AD by October 27,
2016.
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 NPRM, 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: [email protected]; 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-2016-
9069; 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.
[[Page 62673]]
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-2016-9069;
Directorate Identifier 2016-NM-012-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 July 28, 2015, we issued AD 2015-16-02, Amendment 39-18227 (80
FR 48019, August 11, 2015) (``AD 2015-16-02''). AD 2015-16-02 requires
actions intended to address an unsafe condition on all Airbus Model
A330 series airplanes. Since we issued AD 2015-16-02, Airbus issued
Airbus A330 Airworthiness Limitations Section (ALS) Part 4--System
Equipment Maintenance Requirements (SEMR), Revision 05, dated October
19, 2015, which introduce new and more restrictive maintenance
requirements and/or airworthiness limitations.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0011, dated January 13, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A330 and A340 series
airplanes. The MCAI states:
The airworthiness limitations are currently defined and
published in the Airbus A330 and A340 Airworthiness Limitations
Section (ALS) documents. The airworthiness limitations applicable to
the System Equipment Maintenance Requirements, which are approved by
EASA, are specified in Airbus A330 and A340 ALS Part 4. Failure to
comply with these instructions could result in an unsafe condition.
EASA issued AD 2013-0268 (for A330 aeroplanes) [which
corresponds to FAA AD 2015-16-02] and AD 2013-0269 (for A340
aeroplanes) [which corresponds to FAA AD 2014-23-17, Amendment 39-
18033 (79 FR 71304, December 2, 2014) (``AD 2014-23-17'')] to
require the actions as specified in Airbus A330 and A340 ALS Part 4
at Revision 04 and Revision 03, respectively.
Since those [EASA] ADs were issued, Airbus issued Revision 05
and Revision 04, respectively, of Airbus A330 and A340 ALS Part 4,
which introduce new and more restrictive maintenance requirements
and/or airworthiness limitations.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0268 and AD 2013-0269, which are
superseded, and require accomplishment of the actions specified in
Airbus A330 ALS Part 4 Revision 05, or A340 ALS Part 4 Revision 04,
as applicable (hereafter collectively referred to as `the ALS' in
this [EASA] AD).
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9069.
Related Service Information Under 1 CFR Part 51
Airbus issued A330 Airworthiness Limitations Section (ALS) Part 4--
System Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015. This service information describes preventative
maintenance requirements and associated airworthiness limitations
applicable to aircraft systems susceptible to aging effects. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
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.
Differences Between This Proposed AD and the MCAI or Service
Information
EASA AD 2016-0012, dated January 13, 2016, specifies that if there
are findings from the ALS inspection tasks, corrective actions must be
accomplished in accordance with Airbus maintenance documentation.
However, this proposed AD does not include that requirement. Operators
of U.S.-registered airplanes are required by general airworthiness and
operational regulations to perform maintenance using methods that are
acceptable to the FAA. We consider those methods to be adequate to
address any corrective actions necessitated by the findings of ALS
inspections required by this proposed AD.
In addition, the FAA recently became aware of an issue related to
the applicability of FAA ADs that require incorporation of an ALS
revision into an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a TC is issued for a type design, the specific ALS, including
revisions, is a part of that type design, as specified in 14 CFR
21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a
[[Page 62674]]
later revision than that specified in an AD, we plan to limit the
applicability of ADs that mandate ALS revisions to those airplanes that
are subject to an earlier revision of the ALS, either as part of the
type design or as mandated by an earlier AD.
This proposed AD therefore would apply to Airbus airplanes
identified in paragraph (c) of this AD with an original certificate of
airworthiness or original export certificate of airworthiness that was
issued on or before the date of approval of the ALS revision identified
in this proposed AD. Operators of airplanes with an original
certificate of airworthiness or original export certificate of
airworthiness issued after that date must comply with the airworthiness
limitations specified as part of the approved type design and
referenced on the TC data sheet.
This proposed AD does not include Model A340 series airplanes in
the applicability. AD 2014-23-17 currently address the identified
unsafe condition for the Model A340 series airplanes. We have also
added EASA AD 2016-0012, dated January 13, 2016, to the required
airworthiness action list (RAAL) for the Model A340 series airplanes.
Costs of Compliance
We estimate that this proposed AD affects 104 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance or inspection program revision 2 work-hours x $85 per hour = $170......................... $0 $170 $17,680
[retained actions from AD
2015[dash]16[dash]02].
Maintenance or inspection program revision 2 work-hours x $85 per hour = $170......................... 0 170 17,680
[new proposed action].
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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 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. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2015-16-02, Amendment 39-18227 (80 FR 48019, August 11, 2015), and
adding the following new AD:
Airbus: Docket No. FAA-2016-9069; Directorate Identifier 2016-NM-
012-AD.
(a) Comments Due Date
We must receive comments by October 27, 2016.
(b) Affected ADs
This AD replaces AD 2015-16-02, Amendment 39-18227 (80 FR 48019,
August 11, 2015) (``AD 2015-16-02'').
(c) Applicability
This AD applies to Airbus A330-201, A330-202, A330-203, A330-
223, A330-243, A330-223F, A330-243F, A330-301, A330-302, A330-303,
A330-321, A330-322, A330-323, A330-341, A330-342, and A330-343
airplanes, certificated in any category, with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before October 19, 2015.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a revision of an airworthiness
limitations items (ALI) document, which provides new and more
restrictive maintenance requirements and airworthiness limitations
for airplane structures and systems. We are issuing this AD to
prevent reduced structural integrity and reduced control of these
airplanes due to the failure of system components.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance Program Revision and Actions With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2015-16-02, with no changes. Within 6 months after September 15,
2015 (the effective date of AD 2015-16-02), revise the maintenance
program or inspection program, as applicable, by incorporating
Airbus A330 Airworthiness Limitations Section (ALS) Part 4--Aging
Systems Maintenance, Revision 04, dated August 27, 2013, and Airbus
A330 ALS Part 4--Aging Systems Maintenance (ASM), Variation 4.1 and
Variation 4.2, both dated July 23, 2014. The initial compliance
times for the actions are within the applicable compliance times
specified in the Record of Revisions pages of Airbus A330 ALS Part
4--
[[Page 62675]]
Aging Systems Maintenance, Revision 04, dated August 27, 2013,
Airbus A330 ALS Part 4--Aging Systems Maintenance (ASM), Variation
4.1 and Variation 4.2, both dated July 23, 2014, or within 6 months
after September 15, 2015, whichever is later, except as required by
paragraph (h) of this AD.
(h) Retained Exceptions to Initial Compliance Times With References to
New Service Information
This paragraph restates the requirements of paragraph (h) of AD
2015-16-02, with references to new service information.
(1) Where Airbus A330 ALS Part 4--Aging Systems Maintenance,
Revision 04, dated August 27, 2013, or A330 ALS Part 4--System
Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015, define a calendar compliance time for elevator
servo-controls having part number (P/N) SC4800-2, SC4800-3, SC4800-
4, SC4800-6, SC4800-7, or SC4800-8 as ''August 31, 2004,'' the
calendar compliance time is June 13, 2007 (34 months after August
13, 2004 (the effective date of AD 2004-13-25, Amendment 39-13707
(69 FR 41394, July 9, 2004))).
(2) Where Airbus A330 ALS Part 4--Aging Systems Maintenance,
Revision 04, dated August 27, 2013, or A330 ALS Part 4--System
Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015, define a calendar compliance time for spoiler
servo-controls (SSCs) having P/N 1386A0000-01, P/N 1386B0000-01, P/N
1387A0000-01 or P/N 1387B0000-01 as ''December 31, 2003,'' the
calendar compliance time is November 19, 2005 (13 months after
October 19, 2004 (the effective date of AD 2004-18-14, Amendment 39-
13793 (69 FR 55326, September 14, 2004))).
(3) Where Airbus A330 ALS Part 4--Aging Systems Maintenance,
Revision 04, dated August 27, 2013, or A330 ALS Part 4--System
Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015, define a calendar compliance time for elevator
servo-controls having P/N SC4800-73, SC4800-93, SC4800-103 and
SC4800-113 as ''June 30, 2008,'' the calendar compliance time is
September 16, 2009 (17 months after April 16, 2008 (the effective
date of AD 2008-06-07, Amendment 39-15419 (73 FR 13103, March 12,
2008; corrected April 15, 2008 (73 FR 20367)))).
(4) The initial compliance time for replacement of the
retraction brackets of the main landing gear (MLG) having a part
number specified in paragraphs (h)(4)(i) through (h)(4)(xvi) of this
AD is before the accumulation of 19,800 total landings on the
affected retraction brackets of the MLG, or within 900 flight hours
after April 9, 2012 (the effective date of AD 2012-04-07, Amendment
39-16963 (77 FR 12989, March 5, 2012)), whichever occurs later.
(i) 201478303.
(ii) 201478304.
(iii) 201478305.
(iv) 201478306.
(v) 201478307.
(vi) 201478308.
(vii) 201428380.
(viii) 201428381.
(ix) 201428382.
(x) 201428383.
(xi) 201428384.
(xii) 201428385.
(xiii) 201428378.
(xiv) 201428379.
(xv) 201428351.
(xvi) 201428352.
(5) Where Airbus A330 ALS Part 4--Aging Systems Maintenance,
Revision 04, dated August 27, 2013, or A330 ALS Part 4-- System
Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015, define a calendar compliance time for the
modification of SSCs on three hydraulic circuits having part numbers
MZ4339390-01X, MZ4306000-01X, MZ4339390-02X, MZ4306000-02X,
MZ4339390-10X, or MZ4306000-10X as ``March 5, 2010,'' the calendar
compliance time is April 14, 2011 (18 months after October 14, 2009
(the effective date of AD 2009-18-20, Amendment 39-16017 (74 FR
46313, September 9, 2009))).
(6) Where Note (6) of ``ATA 27-64-00 Flight Control--Spoiler
Hydraulic Actuation,'' of Sub-part 4-2-1, ``Life Limits,'' of Sub-
part 4-2, ``Systems Life Limited Components,'' of Airbus A330 ALS
Part 4--Aging Systems Maintenance, Revision 04, dated August 27,
2013, or Note (17) of Sub-Part 1 ``Life Limits'' of Section 3
``System Life-Limited Components'' of A330 ALS Part 4--System
Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015, define a calendar date of ``September 5, 2008,''
as a date for the determination of accumulated flight cycles since
the aircraft initial entry into service, the date is October 14,
2009 (the effective date of AD 2009-18-20, Amendment 39-16017 (74 FR
46313, September 9, 2009)).
(7) Where Note (6) of ``ATA 27-64-00 Flight Control--Spoiler
Hydraulic Actuation,'' of Sub-part 4-2-1, ``Life Limits,'' of Sub-
part 4-2, ``Systems Life Limited Components,'' of Airbus A330 ALS
Part 4--Aging Systems Maintenance, Revision 04, dated August 27,
2013, or Note (17) of Sub-Part 1 ``Life Limits'' of Section 3
``System Life-Limited Components'' of A330 ALS Part 4--System
Equipment Maintenance Requirements (SEMR), Revision 05, dated
October 19, 2015, define a calendar compliance time as ``March 5,
2010,'' for the modification of affected servo controls, the
calendar compliance time is April 14, 2011 (18 months after October
14, 2009 (the effective date of AD 2009-18-20, Amendment 39-16017
(74 FR 46313, September 9, 2009))).
(i) Retained No Alternative Actions or Intervals With Revised
Compliance Language
This paragraph restates the requirements of paragraph (i) of AD
2015-16-02, with revised compliance language. Except as required by
paragraph (j) of this AD: After accomplishing the revision required
by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (l)(1) of
this AD.
(j) New Requirement of This AD: Maintenance Program Revision and
Actions
Within 90 days after the effective date of this AD, revise the
maintenance program or inspection program, as applicable, by
incorporating Airbus A330 Airworthiness Limitations Section (ALS)
Part 4--System Equipment Maintenance Requirements (SEMR), Revision
05, dated October 19, 2015. The initial compliance times for the
actions specified in Airbus A330 Airworthiness Limitations Section
(ALS) Part 4--System Equipment Maintenance Requirements (SEMR),
Revision 05, dated October 19, 2015, are within the applicable
compliance times specified in Airbus A330 Airworthiness Limitations
Section (ALS) Part 4--System Equipment Maintenance Requirements
(SEMR), Revision 05, dated October 19, 2015, or within 60 days after
the effective date of this AD, whichever is later, except as
required by paragraph (h) of this AD. Accomplishing the revision of
the maintenance program or inspection program required by this
paragraph terminates the requirements of paragraph (g) of this AD.
(k) New Requirement of This AD: No Alternative Actions or Intervals
After accomplishing the revision required by paragraph (j) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (l)(1) of this AD.
(l) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) 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: [email protected].
(i) 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.
(ii) AMOCs approved previously for AD 2015-16-02 are approved as
AMOCs for the corresponding provisions of paragraph (g) of 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
[[Page 62676]]
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.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0011, dated January 13, 2016, 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-2016-9069.
(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: [email protected];
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, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-21163 Filed 9-9-16; 8:45 am]
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