[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73092-73096]
[FR Doc No: 2015-28886]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0490; Directorate Identifier 2014-NM-018-AD;
Amendment 39-18322; AD 2015-23-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2008-22-20 for
certain Airbus Model A330-200, A330-300, and A340-300 series airplanes.
AD 2008-22-20 required repetitive high frequency eddy current (HFEC)
inspections for cracking, repair if necessary, and modification of the
upper shell structure of the fuselage. This new AD shortens certain
compliance times. This AD was prompted by a determination from a
fatigue and damage tolerance evaluation that the compliance times must
be reduced. We are issuing this AD to prevent fatigue cracking of the
upper shell structure of the fuselage, which could result in reduced
structural integrity of the airplane.

DATES: This AD becomes effective December 29, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 29,
2015.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
December 17, 2008 (73 FR 66747, November 12, 2008).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;

D=FAA-2015-0490; or in person at the Docket Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
    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_ADDRESS>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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0490.

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<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-22-20, Amendment 39-15717 (73 FR 66747,
November 12, 2008). AD 2008-22-20 applied to certain Airbus Model A330-
200, A330-300, and A340-300 series airplanes. The NPRM published in the
Federal Register on March 17, 2015 (80 FR 13799). The NPRM was prompted
by a determination from a fatigue and damage tolerance evaluation that
the compliance times must be reduced. The NPRM also proposed to shorten
certain compliance times. We are issuing this AD to prevent fatigue
cracking of the upper shell structure of the fuselage, which could
result in reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0012R1, dated January 24, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A330-200, A330-300, and A340-300 series airplanes. The MCAI states:

    During fatigue tests (EF3) on the A340-600, damage was found in
the longitudinal doubler at the Vertical Tail Plane (VTP) attachment
cut out between Frame (FR) 80 and FR86. This damage occurred between
58,341 and 72,891 simulated flight cycles (FC).
    Due to the higher Design Service Goal and different design of
the affected structural area (e.g. doubler thickness) for A330-200/-
300 and A340-300 airplane series, the damage assessment concluded
that these airplanes may be also potentially affected.
    This condition, if not detected and corrected, could affect the
structural integrity of the upper shell structure between FR80 and
FR86.
    Prompted by these findings, EASA issued AD 2007-0284 [(http://ad.easa.europa.eu/blob/easa_ad_2007_0284_superseded.pdf/AD_2007-0284_1)] to require implementation of an inspection programme of
this structural area using a high frequency eddy current (HFEC)
method and a modification to improve the upper shell structure.
    Since that [EASA] AD was issued, in the frame of a new fatigue
and damage tolerance evaluation, taking into account the airplane
utilisation, the inspection threshold and intervals have been
reassessed and the conclusion was that the thresholds and intervals
for inspection, as well as the threshold for modifying the airplane,
must be reduced.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2007-0284, which is superseded and
introduces redefined thresholds and intervals.
    This [EASA] AD is revised to clarify that, under some
conditions, accomplishment of a repair constitutes terminating
action for the repetitive inspections. One of the outcome of this
clarification is the deletion of paragraph (5) of this [EASA] AD.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0490-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 13799, March 17, 2015) and the FAA's response to each comment.

Support for the NPRM (80 FR 13799, March 17, 2015)

    An anonymous commenter agreed with the safety benefit provided by
the NPRM (80 FR 13799, March 17, 2015).

Request for Revise Cost

    Delta requested that we revise the NPRM (80 FR 13799, March 17,
2015) to relay the heavy impact of accomplishing Airbus Service
Bulletin A330-53-3160, Revision 03, dated January 6, 2012. Delta
explained that the modification specified in Airbus Service Bulletin
A330-53-3160, Revision 03, dated January 6, 2012, requires removal of
the vertical stabilizer and the aft galley, which can heavily impact
the operation. Delta reasoned that it has consulted with its
maintenance organization and it is estimated to take 400 work-hours
instead of 208 work-hours.
    We disagree with the request to revise this AD. We made the cost
estimate based on the information provided in Airbus Service Bulletin
A330-53-3160, Revision 03, dated January 6, 2012. The required work-
hours defined in Airbus Service Bulletin A330-53-3160, Revision 03,
dated January 6, 2012, are based on the direct labor cost to do the
work. The need to remove and reinstall the aft galley depends on the
airplane interior configuration and may differ from operator to
operator. We are unable to determine all possible interior
configurations and thus determine the maximum work-hours which may be
required for any specific configuration. This estimate assumes that the
work will be done by experienced personnel, and may need to be revised
upwards to suit an operator's circumstances. The estimate does not
include the time to prepare, plan, or inspect the work. We have made no
changes to this AD in this regard.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 13799, March 17, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 13799, March 17, 2015).

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Airbus Service Bulletin A330-53-3159, Revision 02, dated
March 29, 2010, describes procedures for a modification of the
fuselage, which includes inspections (e.g., eddy current rotating probe
test of fastener holes for cracking, high frequency eddy current (HFEC)
inspections for cracking of the upper shell structure of the fuselage,
and checks of the fastener position for clearance) and applicable
corrective actions (e.g., repair and rework).
     Airbus Service Bulletin A330-53-3160, Revision 03, dated
January 6, 2012, describes procedures for applicable actions, including
an eddy current rotating probe test for cracking of the fastener holes
and an HFEC inspection for cracks in the upper shell

of the fuselage (and including checks of the fastener position for
clearance and applicable corrective actions (e.g., repair and rework)),
and a modification of the airplane upper shell structure of the
fuselage between FR80 and FR86.
     Airbus Service Bulletin A330-53-3168, Revision 02, dated
December 21, 2011, describes procedures for a HFEC inspection for
cracking of the upper shell structure of the fuselage between FR80 and
FR86.
     Airbus Service Bulletin A340-53-4165, Revision 02, dated
March 29, 2010, describes procedures for a modification of the
fuselage, which includes inspections (e.g., eddy current rotating probe
test of fastener holes for cracking, HFEC inspections for cracking of
the upper shell structure of the fuselage, and checks of the fastener
position for clearance) and applicable corrective actions (e.g., repair
and rework).
     Airbus Service Bulletin A340-53-4172, Revision 01, dated
July 8, 2009, describes procedures for inspections (e.g., rototest
inspections of fastener holes for cracking, HFEC inspections for
cracking of the upper shell structure of the fuselage, and checks of
the fastener position for clearance) and modification of the airplane
upper shell structure between FR80 and FR86 (including applicable
corrective actions (e.g., repair and rework).
     Airbus Service Bulletin A340-53-4174, Revision 02, dated
December 21, 2011, describes procedures for a HFEC inspection for
cracking of the upper shell structure of the fuselage between FR80 and
FR86.
    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 of this
AD.

Costs of Compliance

    We estimate that this AD affects 26 airplanes of U.S. registry. We
also estimate that it will take about 208 work-hours per product to
comply with the basic requirements (inspection and modification) of
this AD. The average labor rate is $85 per work-hour. Required parts
will cost about $28,360 per product. Based on these figures, we
estimate the cost of this AD on U.S. operators to be $1,197,040, or
$46,040 per product.
    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 that 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);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0490; 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 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.

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 Airworthiness Directive (AD)
2008-22-20, Amendment 39-15717 (73 FR 66747, November 12, 2008), and
adding the following new AD:

2015-23-06 Airbus: Amendment 39-18322. Docket No. FAA-2015-0490;
Directorate Identifier 2014-NM-018-AD.

(a) Effective Date

    This AD becomes effective December 29, 2015.

(b) Affected ADs

    This AD replaces AD 2008-22-20, Amendment 39-15717 (73 FR 66747,
November 12, 2008).

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
airplanes; and Model A340-311, -312, and -313 airplanes;
certificated in any category; all manufacturer serial numbers on
which Airbus Modification 44205 has been embodied in production,
except those on which Airbus Modification 52974 or 53223 has been
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by the results of a fatigue and damage
tolerance evaluation that concluded existing compliance times must
be reduced. We are issuing this AD to prevent fatigue cracking of
the upper shell structure of the fuselage, which could result in
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection for Airbus Model A330-300 and A340-300 Airplanes, Except
Model A340-300 Weight Variant (WV) 027 Airplanes

    For Model A330-300 and A340-300 airplanes, except Model A340-300
WV 027 airplanes: At the applicable time specified in paragraph
(g)(1) or (g)(2) of this AD, do a high frequency eddy current (HFEC)
inspection for cracking of the upper shell structure between frame
(FR) 80 and FR86, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A330-53-3168, Revision 02, dated December
21, 2011; or Airbus Service Bulletin A340-53-4174, Revision 02,
dated December 21, 2011; as applicable. Repeat the inspection
thereafter at the applicable time specified in paragraph 1.E.,
``COMPLIANCE,'' of Airbus Service Bulletin A330-53-3168, Revision
02, dated December 21, 2011; or Airbus Service Bulletin A340-53-
4174, Revision 02, dated December 21, 2011; as applicable.
    (1) For airplanes that, as of the effective date of this AD,
have not been inspected in accordance with Airbus Service Bulletin
A330-53-3168; or Airbus Service Bulletin A340-53-4174; as
applicable: Inspect at the later of the times specified in
paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
    (i) Before reaching the applicable threshold specified in
paragraph 1.E., ``COMPLIANCE,'' of Airbus Service Bulletin A330-53-
3168, Revision 02, dated December 21, 2011; or Airbus Service
Bulletin A340-53-4174, Revision 02, dated December 21, 2011; as
applicable for airplane model, configuration, and utilization, since
the airplane's first flight.
    (ii) Within the threshold defined in paragraph 1.E,
``COMPLIANCE,'' of Airbus Service Bulletin A330-53-3168, Revision
01, dated February 15, 2008; or Airbus Service Bulletin A340-53-
4174, Revision 01, dated February 15, 2008; as applicable for
airplane model, configuration, and utilization since the airplane's
first flight; or within 12 months after the effective date of this
AD; whichever occurs first.
    (2) For airplanes that, as of the effective date of this AD,
have been inspected in accordance with Airbus Service Bulletin A330-
53-3168; or Airbus Service Bulletin A340-53-4174; as applicable:
Inspect at the later of the times specified in paragraphs (g)(2)(i)
and (g)(2)(ii) of this AD.
    (i) Within the applicable interval specified in paragraph 1.E.,
``COMPLIANCE,'' of Airbus Service Bulletin A330-53-3168, Revision
02, dated December 21, 2011; or Airbus Service Bulletin A340-53-
4174, Revision 02, dated December 21, 2011; as applicable; to be
counted from the last inspection.
    (ii) Within 12 months after the effective date of this AD
without exceeding the intervals defined in paragraph 1.E,
``COMPLIANCE,'' of Airbus Service Bulletin A330-53-3168, Revision
01, dated February 15, 2008; or Airbus Service Bulletin A340-53-
4174, Revision 01, dated February 15, 2008; as applicable for
airplane model, configuration, and utilization to be counted from
the last inspection.

(h) Corrective Action for Airbus Model A330-300 and A340-300 Airplanes,
Except Model A340-300 WV 027 Airplanes

    If any crack is detected during any HFEC inspection required by
the introductory text to paragraph (g) of this AD: Before further
flight, repair using a method approved 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). Accomplishment of a repair for a
specific area, as required by this paragraph, is terminating action
for the repetitive HFEC inspections required by the introductory
text to paragraph (g) of this AD, as applicable, for that specific
repaired area only. The need and definition of subsequent repetitive
inspections (if any) for that specific repaired area will be defined
in the applicable repair method approved 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).

(i) Optional Terminating Action

    For Airbus Model A330-300 and A340-300 airplanes, except Model
A340-300 WV 027 airplanes: Modification, which includes inspections
and applicable corrective actions, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-53-3159,
Revision 02, dated March 29, 2010; or Airbus Service Bulletin A340-
53-4165, Revision 02, dated March 29, 2010; as applicable;
terminates the repetitive HFEC inspections required by the
introductory text to paragraph (g) of this AD, except where Airbus
Service Bulletin A330-53-3159, Revision 02, dated March 29, 2010; or
Airbus Service Bulletin A340-53-4165, Revision 02, dated March 29,
2010; as applicable; specifies to contact the manufacturer, repair
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA
DOA.

(j) Inspection and Modification for Airbus Model A330-200 Airplanes

    Within the compliance times specified in paragraph (j)(1) or
(j)(2) of this AD, whichever occurs later: Do all applicable
actions, including an eddy current rotating probe test and an HFEC
inspection for cracks, and modify the airplane upper shell structure
between FR80 and FR86; in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-53-3160, Revision 03,
dated January 6, 2012.
    (1) Within the compliance times identified in paragraph 1.E.,
``COMPLIANCE,'' of Airbus Service Bulletin A330-53-3160, Revision
03, dated January 6, 2012, as applicable for airplane configuration
and utilization since the airplane's first flight.
    (2) Within 12 months after the effective date of this AD without
exceeding the threshold defined in paragraph 1.E, ``COMPLIANCE,'' of
Airbus Service Bulletin A330-53-3160, Revision 02, dated March 29,
2010, since the airplane's first flight.

(k) Inspection and Modification for Airbus Model A340-300 Airplanes,
Only WV 027

    For Model A340-300 airplanes, WV 027 only: Before the
accumulation of 14,200 total flight cycles from the airplane's first
flight, do all applicable inspections and modify the airplane upper
shell structure between FR80 and FR86; in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A340-53-4172,
Revision 01, dated July 8, 2009.

(l) Corrective Action for Airbus Model A330-200 Airplanes; and Model
A340-300 Airplanes, only WV 027

    If any crack is detected during the inspection required by the
introductory text to paragraph (j) of this AD, or paragraph (k) of
this AD, before further flight, repair using a method approved by
the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or EASA; or Airbus's EASA DOA; concurrently with
modification required by paragraph the introductory text to
paragraph (j) of this AD, or paragraph (k) of this AD.

(m) Definition of ``Threshold'' and ``Interval''

    (1) For the purposes of this AD, the term ``Threshold,'' as used
in paragraph 1.E., ``COMPLIANCE,'' of the service information
specified in paragraphs (m)(2)(i) through (m)(2)(vi) of this AD
means the total flight cycles or flight hours accumulated since the
airplane's first flight.
    (2) For the purposes of this AD, the term ``Interval'' as used
in paragraph 1.E., ``COMPLIANCE,'' of the service information
specified in paragraphs (m)(2)(i) through (m)(2)(vi) of this AD
means the total flight cycles or flight hours accumulated since the
last inspection, as applicable.
    (i) Airbus Service Bulletin A330-53-3168, dated September 19,
2007.
    (ii) Airbus Service Bulletin A330-53-3168, Revision 01, dated
February 15, 2008.
    (iii) Airbus Service Bulletin A330-53-3168, Revision 02, dated
December 21, 2011.
    (iv) Airbus Service Bulletin A340-53-4174, dated September 19,
2007.
    (v) Airbus Service Bulletin A340-53-4174, Revision 01, dated
February 15, 2008.
    (vi) Airbus Service Bulletin A340-53-4174, Revision 02, dated
December 21, 2011.

(n) Credit for Previous Actions

    (1) For Model A330-300 and A340-300 airplanes, except Model
A340-300 WV 027 airplanes: This paragraph provides credit for the
modification specified in paragraph (i) of this AD, if those actions
were performed before the effective date of this AD using the
service information identified in paragraph (n)(1)(i), (n)(1)(ii),
(n)(1)(iii), or (n)(1)(iv) of this AD, as applicable. This service
information is not incorporated by reference in this AD.
    (i) Airbus Service Bulletin A330-53-3159, dated September 19,
2007.
    (ii) Airbus Service Bulletin A330-53-3159, Revision 01, dated
June 15, 2009.
    (iii) Airbus Service Bulletin A340-53-4165, dated September 19,
2007.
    (iv) Airbus Service Bulletin A340-53-4165, Revision 01, dated
June 17, 2009.
    (2) For Model A330-200 airplanes: This paragraph provides credit
for the inspection

and modification required by the introductory text to paragraph (j)
of this AD, if those actions were performed before the effective
date of this AD using the service information identified in
paragraph (n)(2)(i), (n)(2)(ii), or (n)(2)(iii) of this AD, as
applicable.
    (i) Airbus Service Bulletin A330-53-3160, dated July 9, 2007,
which was incorporated by reference in AD 2008-22-20, Amendment 39-
15717 (73 FR 66747, November 12, 2008).
    (ii) Airbus Service Bulletin A330-53-3160, Revision 01, dated
April 28, 2009, which is not incorporated by reference in this AD.
    (iii) Airbus Service Bulletin A330-53-3160, Revision 02, dated
March 29, 2010, which is not incorporated by reference in this AD.
    (3) For Model A340-300 airplanes, WV 027 only: This paragraph
provides credit for the inspection and modification required by
paragraph (k) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A340-53-
4172, dated July 10, 2007, which is was incorporated by reference in
AD 2008-22-20, Amendment 39-15717 (73 FR 66747, November 12, 2008).

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (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<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>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) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0012R1, dated January 24,
2014, 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-2015-0490.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (q)(3) and (q)(4) of this AD.

(q) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 29, 2015.
    (i) Airbus Service Bulletin A330-53-3159, Revision 02, dated
March 29, 2010.
    (ii) Airbus Service Bulletin A330-53-3160, Revision 03, dated
January 6, 2012.
    (iii) Airbus Service Bulletin A330-53-3168, Revision 02, dated
December 21, 2011.
    (iv) Airbus Service Bulletin A340-53-4165, Revision 02, dated
March 29, 2010.
    (v) Airbus Service Bulletin A340-53-4172, Revision 01, dated
July 8, 2009.
    (vi) Airbus Service Bulletin A340-53-4174, Revision 02, dated
December 21, 2011.
    (4) The following service information was approved for IBR on
December 17, 2008 (73 FR 66747, November 12, 2008).
    (i) Airbus Service Bulletin A330-53-3168, Revision 01, dated
February 15, 2008.
    (ii) Airbus Service Bulletin A340-53-4174, Revision 01, dated
February 15, 2008.
    (5) 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_ADDRESS>
Internet http://www.airbus.com.
    (6) 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.
    (7) You may view this 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<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 30, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-28886 Filed 11-23-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Proposed Rules]
[Page 17797-17799]
[DOCID:fr17ap09-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0348; Directorate Identifier 2008-NE-39-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. ARRIUS 1A Turboshaft
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) issued 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:

    Cycle life limit value for ARRIUS 1A balancing piston Part
Number (P/N) 0 319 20 152 0, initially set at 40 000 cycles, has
been reduced to 16 000 cycles, following the discovery of a
calculation error during a recent review of the ARRIUS 1 engine
family files.

We are proposing this AD to prevent failure of the balancing piston,
which could result in an engine in-flight-shutdown and the release of
high-energy debris and damage to the helicopter.

DATES: We must receive comments on this proposed AD by May 18, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

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-2009-0348;
Directorate Identifier 2008-NE-39-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
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, 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).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0133, dated July 17, 2008, [(referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products]. The MCAI states:

    Cycle life limit value for ARRIUS 1A balancing piston Part
Number (P/N) 0 319 20 152 0, initially set at 40 000 cycles, has
been reduced to 16 000 cycles, following the discovery of a
calculation error during a recent review of the ARRIUS 1 engine
family files.
    As of the publication date of this Airworthiness Directive, no
ARRIUS 1A engines in service are fitted with a balancing piston that
has logged more than 16 000 cycles, and the outlook for the
consumption

of cycles on the ARRIUS 1A fleet indicates that no balancing pistons
will exceed this new limit for a few years' time.
    Moreover, this new cycle life limit value for the balancing
piston has been incorporated since the end of 2007 in ARRIUS 1A
Maintenance documentation.
    Failure to comply with the new life limits provided in the
Airworthiness Limitations Section of ARRIUS 1A Maintenance
documentation could potentially result in an engine in-flight-
shutdown and the release of high energy debris.

You may obtain further information by examining the MCAI in the AD
docket.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with France, they have notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are proposing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    The MCAI requires modifying the cyclic life limit value of the
balancing piston in the engine log book as specified in Turbomeca
Mandatory Service Bulletin 319 72 0811, dated April 30, 2008, and
updating the approved operator's maintenance program.
    We are requiring removing the balancing piston, P/N 0 319 20 152 0,
before it meets or exceeds the new, reduced cyclic life limit value of
16,000 cycles-since-new.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 33 products of U.S. registry. We also estimate that
it would take about 0.5 work-hour per product to comply with this
proposed AD. The average labor rate is $80 per work-hour. Required
parts would cost about $5,280 per product. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be $175,560.
Our cost estimate is exclusive of possible warranty coverage.

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); 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.

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 FAA amends Sec.  39.13 by adding the following new AD:

Turbomeca S.A.: Docket No. FAA-2009-0348; Directorate Identifier
2008-NE-39-AD.

Comments Due Date

    (a) We must receive comments by May 18, 2009.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Turbomeca S.A. ARRIUS 1A turboshaft
engines with balancing pistons, part number (P/N) 0 319 20 152 0,
installed. These engines are installed on, but not limited to,
Eurocopter AS355N helicopters.

Reason

    (d) Cycle life limit value for ARRIUS 1A balancing piston Part
Number (P/N) 0 319 20 152 0, initially set at 40 000 cycles, has
been reduced to 16 000 cycles, following the discovery of a
calculation error during a recent review of the ARRIUS 1 engine
family files.
    We are issuing this AD to prevent failure of the balancing
piston, which could result in an engine in-flight-shutdown and the
release of high-energy debris and damage to the helicopter.

Actions and Compliance

    (e) Unless already done, for ARRIUS 1A engines with a balancing
piston, P/N 0 319 20 152 0, installed, remove the engine from
service before the balancing piston accumulates 16,000 cycles-since-
new (CSN).

Installation Prohibition

    (f) After the effective date of this AD, don't return to service
any engine that has a balancing piston that has accumulated 16,000
or more CSN.

FAA AD Differences

    (g) This AD differs from the Mandatory Continuing Airworthiness
Information (MCAI) or service information as follows:
    (1) This AD requires removing from service, any ARRIUS 1A engine
that has a balancing piston, P/N 0 319 20 152 0, with 16,000 CSN
installed.
    (2) We prohibit returning to service ARRIUS 1A engine that has a
balancing piston, P/N 0 319 20 152 0, with 16,000 or more CSN.

Other FAA AD Provisions

    (h) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.

Related Information

    (i) Refer to MCAI Airworthiness Directive 2008-0133, dated July
17, 2008 for related information.
    (j) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781) 238-
7199, for more information about this AD.

    Issued in Burlington, Massachusetts, on April 9, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-8786 Filed 4-16-09; 8:45 am]

BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 4, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2000-8374

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.
                   Date Filed:  December 2, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, combination service between
Monterrey, Mexico, and New York, New York.

If renewal, date and citation of last action:  December 20, 2002, in
this Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>       DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                           Action date:  May 4, 2004

Effective dates of authority granted:  May 4, 2004, through May 4, 2005.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp