[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37255-37258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15366]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1212; Directorate Identifier 2008-NM-167-AD;
Amendment 39-16732; AD 2011-13-09]
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 superseding an existing airworthiness directive (AD)
that applies to 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 Certification
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3,
which is approved by the European Aviation Safety Agency (EASA).
The revision 03 of Airbus A330 ALS 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 safety-significant latent failures that would,
in combination with one or more other specific failures or events,
result in a hazardous or catastrophic failure condition. We are issuing
this AD to require actions to correct the unsafe condition on these
products.
DATES: This AD becomes effective August 1, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 1,
2011.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of April
9, 2007 (72 FR 9658, March 5, 2007).
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov 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 second supplemental 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
February 7, 2011 (76 FR 6578), and proposed to supersede AD 2007-05-08,
Amendment 39-14969 (72 FR 9658, March 5, 2007). 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).
The airworthiness limitations applicable to the Certification
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3,
which is approved by the European Aviation Safety Agency (EASA).
The revision 03 of Airbus A330 ALS Part 3 introduces more
restrictive maintenance requirements and/or airworthiness
limitations. Failure to comply with this revision constitutes an
unsafe condition.
For the reason described above, this new AD supersedes EASA AD
2010-0048 and requires the implementation of the new or more
restrictive maintenance requirements and/or airworthiness
limitations as specified in Airbus A330 ALS Part 3 revision 03.
The unsafe condition is safety-significant latent failures that would,
in combination with one or more other specific failures or events,
result in a hazardous or catastrophic failure condition. 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 comments received.
Request To Delete Requirement of No Alternative Inspection Interval
Hawaiian Airlines (Hawaiian) requested that paragraph (j) of the
second supplemental NPRM be removed completely, or amended to delete
the requirement regarding the inspection interval. Hawaiian explained
that paragraph (j) of the second supplemental NPRM would mandate that
no alternative inspections or inspection intervals could be used unless
approved as an alternative method of compliance (AMOC). Hawaiian argued
that this proposed requirement would restrict operators from using the
long standing approved
[[Page 37256]]
ALS Part 3 policy for exceptional short-term extensions, as defined in
``Ref (C) ALS paragraph 9.'' Hawaiian reasoned that the proposed
requirement would also restrict operators from adjusting the interval
on two-star certification maintenance requirements (CMR**) in
accordance with the operators approved escalation practices or approved
reliability program, as allowed per ``Ref (C) paragraph 6.B.''
We partially agree. While we do not agree to remove paragraph (j)
or delete the inspection interval in paragraph (j) of this final rule,
we agree to add the phrase, ``other than those specified in Airbus A330
ALS, Part 3--Certification Maintenance Requirements, Revision 03, dated
July 29, 2010,'' which allows operators to use alternative inspections
and alternative inspection intervals within the guidelines of Airbus
A330 ALS, Part 3--Certification Maintenance Requirements, Revision 03,
dated July 29, 2010. We have also revised paragraph (g) of this AD by
replacing the phrase ``at the times'' with the phrase ``within the
times'' to clarify all compliance times and extensions specified in
Airbus A330 ALS, Part 3--Certification Maintenance Requirements,
Revision 03, dated July 29, 2010, are acceptable.
Request for Inclusion of Appropriate AD
Airbus requested that we revise the second supplemental NPRM to
reference the European Aviation Safety Agency (EASA) AD 2006-0224,
dated July 27, 2006, instead of EASA AD 2006-0225, dated July 21, 2006.
Airbus explained that EASA AD 2006-0225, dated July 21, 2006, is listed
in the Related Information paragraph (paragraph (l)) of the second
supplemental NPRM.
We agree to revise this final rule to reference EASA AD 2006-0224,
dated July 27, 2006, in paragraph (l) of this AD. We have determined
that EASA AD 2006-0224, dated July 27, 2006, is the appropriate
corresponding EASA AD for this final rule.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 2007-05-08 and retained in this
AD 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 new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the 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
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 that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866,
2. Is not a ``significant rule'' under 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; 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 removing Amendment 39-14969 (72 FR
9658, March 5, 2007) and adding the following new AD:
2011-13-09 Airbus: Amendment 39-16732. Docket No. FAA-2009-1212;
Directorate Identifier 2008-NM-167-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
1, 2011.
Affected ADs
(b) This AD supersedes AD 2007-05-08, Amendment 39-14969.
[[Page 37257]]
Applicability
(c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes, certificated in any category; all serial
numbers.
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 Certification
Maintenance Requirements (CMR) are given in Airbus A330 ALS Part 3,
which is approved by the European Aviation Safety Agency (EASA).
The revision 03 of Airbus A330 ALS 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 safety-significant latent failures that
would, in combination with one or more other specific failures or
events, result in a hazardous or catastrophic failure condition.
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 (k) 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) 25-1529-1A.
Restatement of Requirements of AD 2007-05-08, With Requirements for
Model A340 Airplanes Removed
Revise the Airworthiness Limitations Section (ALS) of the Instructions
for Continued Airworthiness
(f) Unless already done: Within 90 days after April 9, 2007 (the
effective date of AD 2007-05-08), revise the Airworthiness
Limitations section of the Instructions for Continued Airworthiness
by incorporating Airbus A330 Certification Maintenance Requirements,
Document 955.2074/93, Issue 19, dated March 22, 2006. Accomplish the
actions specified in Airbus A330 Certification Maintenance
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006,
at the times specified in Airbus A330 Certification Maintenance
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006,
and in accordance with Airbus A330 Certification Maintenance
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006,
except as provided by paragraphs (f)(1) and (f)(2) of this AD.
(1) The associated interval for any new task is to be counted
from April 9, 2007.
(2) The associated interval for any revised task is to be
counted from the previous performance of the task.
New Requirements of This AD
Revise the Maintenance Program
(g) Unless already done, within 90 days of the effective date of
this AD: Revise the maintenance program which ensures the continuing
airworthiness of each operated airplane by incorporating Airbus A330
ALS, Part 3--Certification Maintenance Requirements, Revision 03,
dated July 29, 2010. Within the times specified in the Airbus A330
ALS, Part 3--Certification Maintenance Requirements, Revision 03,
dated July 29, 2010, comply with all applicable maintenance
requirements and associated airworthiness limitations included in
Airbus A330 ALS, Part 3--Certification Maintenance Requirements,
Revision 03, dated July 29, 2010, except as provided by paragraphs
(h) and (i) of this AD. Doing this revision terminates the
requirements of paragraph (f) of this AD for that airplane only.
Exceptions to the Certification Maintenance Requirements (CMR) Tasks
(h) At the latest of the times specified in paragraph (h)(1),
(h)(2), or (h)(3) of this AD: Do the first accomplishment of Airbus
A330 CMR Task 213100-00001-2-C, Pressure Control Monitoring, of
Airbus A330 ALS, Part 3--Certification Maintenance Requirements,
Revision 03, dated July 29, 2010.
(1) Before the accumulation of 48,000 total flight hours.
(2) Within 48,000 flight hours after the most recent
accomplishment of Airbus A330 Maintenance Review Board Report (MRBR)
Task 21.31.00/05.
(3) Within three months after the effective date of this AD.
(i) At the latest of the times specified in paragraph (i)(1),
(i)(2), or (i)(3) of this AD: Do the first accomplishment of Airbus
A330 CMR Tasks 242000-00005-1-C, AC Generation; 243000-00001-1-C, DC
Generation; and 243000-00002-1-C, DC Generation; of Airbus A330 ALS,
Part 3--Certification Maintenance Requirements, Revision 03, dated
July 29, 2010.
(1) Before the accumulation of 12,000 total flight hours.
(2) Within 12,000 flight hours after the most recent
accomplishment of Airbus A330 MRBR Task 24.20.00/17, 24.30.00/04, or
24.30.00/05 respectively.
(3) Within three months after the effective date of this AD.
No Alternative Inspections or Intervals
(j) After accomplishing the action required by paragraph (g) of
this AD, no alternative inspections or inspection intervals may be
used, other than those specified in Airbus A330 ALS, Part 3--
Certification Maintenance Requirements, Revision 03, dated July 29,
2010, unless the inspections or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(k) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information 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.
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
(l) Refer to European Aviation Safety Agency (EASA)
Airworthiness Directives 2006-0224, dated July 27, 2006, and 2010-
0264, dated December 20, 2010; Airbus A330 Certification Maintenance
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006;
and Airbus A330 ALS, Part 3--Certification Maintenance Requirements,
Revision 03, dated July 29, 2010; for related information.
Material Incorporated by Reference
(m) You must use Airbus A330 Certification Maintenance
Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006;
and Airbus A330 ALS, Part 3--Certification Maintenance Requirements,
Revision 03, dated July 29, 2010; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise. The revision
level of Airbus A330 ALS, Part 3--Certification Maintenance
Requirements, Revision 03, dated July 29, 2010, is identified only
on the title page of the document; the revision date of this
document is not identified on the title page.
(1) The Director of the Federal Register approved the
incorporation by reference of Airbus A330 ALS, Part 3--Certification
Maintenance Requirements, Revision 03, 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 Airbus A330 Certification
[[Page 37258]]
Maintenance Requirements, Document 955.2074/93, Issue 19, dated
March 22, 2006; on April 9, 2007 (72 FR 9658, March 5, 2007).
(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 [email protected];
Internet http://www.airbus.com.
(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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-15366 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P