[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16104-16107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8543]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-338-AD; Amendment 39-10446; AD 98-07-24]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A340 series airplanes. This action 
requires a rototest inspection for fatigue cracking of the vertical 
support beam at the upper first fastener row of the actuator attachment 
fitting of the center landing gear (CLG), and follow-on actions. This 
amendment is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified in this AD are intended to prevent fatigue cracking in the 
vertical support beam that supports

[[Page 16105]]

the CLG actuator attachment fitting, which could result in reduced 
structural integrity of the airplane.

DATES: Effective April 17, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 17, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before May 4, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-338-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA that an unsafe condition may exist on certain Airbus Model A340 
series airplanes. The DGAC advises that, during full-scale fatigue 
tests on a test article, cracks were found at 22,849 flight cycles at 
frame 53.2, zones 147 and 148, on the vertical support beam that 
supports the actuator attachment fitting of the center landing gear 
(CLG). Such fatigue cracking, if not detected and corrected in a timely 
manner, could result in reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A340-53-4043, Revision 02, dated 
July 18, 1997, which describes procedures for a rototest inspection 
(i.e., eddy-current rotating probe) to detect cracking of the vertical 
support beam at the upper first fastener row of the actuator attachment 
fitting of the CLG (zones 147 and 148).
    In addition, Airbus has issued Service Bulletin A340-53-4030, 
Revision 1, dated February 22, 1996, which describes procedures for 
replacement of the CLG actuator attachment fitting with new parts at 
frame 53.2, zones 147 and 148, and reinforcement of the vertical 
support beam by adding one stiffening fitting on each side. 
Accomplishment of the actions specified in Airbus Service Bulletin 
A340-53-4030, Revision 1, is intended to adequately address the 
identified unsafe condition.
    The DGAC classified Airbus Service Bulletin A340-53-4043 as 
mandatory and issued French airworthiness directive 96-105-043(B)R1, 
dated July 30, 1997, in order to assure the continued airworthiness of 
these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD requires accomplishment of the actions 
specified in the service bulletins described previously, except as 
discussed below.

Differences Between Rule and Service Bulletins

    Operators should note that, although Airbus Service Bulletin A340-
53-4043 specifies that the manufacturer may be contacted for 
disposition of certain repair conditions, this AD requires the repair 
of those conditions to be accomplished in accordance with a method 
approved by the FAA.
    In addition, operators should note that, for certain airplanes, 
this AD mandates the modification described in Airbus Service Bulletin 
A340-53-4030 as terminating action for the repetitive inspections 
described in Airbus Service Bulletin A340-53-4043. [Incorporation of 
the terminating actions specified in Airbus Service Bulletin A340-53-
4030 is optional in French airworthiness directive 96-105-043(B)R1, 
dated July 30, 1997.]
    The FAA has determined that long-term continued operational safety 
will be better assured by design changes to remove the source of the 
problem, rather than by repetitive inspections. Long-term inspections 
may not be providing the degree of safety assurance necessary for the 
transport airplane fleet. This, coupled with a better understanding of 
the human factors associated with numerous continual inspections, has 
led the FAA to consider placing less emphasis on inspections and more 
emphasis on design improvements. The replacement and reinforcement 
requirements of this AD are in consonance with these conditions.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 2 work hours to 
accomplish the inspection specified in this AD, at an average labor 
rate of $60 per work hour. Based on this figure, the cost impact of the 
inspection required by this AD would be $120 per airplane, per 
inspection cycle.
    It would require approximately 11 work hours to accomplish the 
modifications specified in this AD, at an average labor rate of $60 per 
work hour. Required parts would cost approximately $2,912 per airplane. 
Based on these figures, the cost impact of the modifications required 
by this AD would be $3,572 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to

[[Page 16106]]

comment on this rule by submitting such written data, views, or 
arguments as they may desire. Communications shall identify the Rules 
Docket number and be submitted in triplicate to the address specified 
under the caption ADDRESSES. All communications received on or before 
the closing date for comments will be considered, and this rule may be 
amended in light of the comments received. Factual information that 
supports the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of the AD action and determining whether 
additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-338-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-07-24  Airbus Industrie: Amendment 39-10446. Docket 97-NM-338-AD.

    Applicability: Model A340 series airplanes on which Airbus 
Modification 42606 has not been accomplished, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking in the vertical support beam that 
supports the actuator attachment fitting of the center landing gear 
(CLG), which could result in reduced structural integrity of the 
airplane, accomplish the following:
    (a) Prior to the accumulation of 6,400 total flight cycles, or 
within 30 days after the effective date of this AD, whichever occurs 
later, perform a rototest inspection for fatigue cracking of the 
vertical support beam at the upper first fastener row of the CLG 
actuator attachment fitting (zones 147 and 148), in accordance with 
Airbus Service Bulletin A340-53-4043, Revision 02, dated July 18, 
1997.
    (b) If the inspection accomplished in paragraph (a) of this AD 
reveals no cracking, accomplish either paragraph (b)(1) or (b)(2) of 
this AD:
    (1) Prior to further flight, replace the CLG actuator attachment 
fitting with new parts, and reinforce the vertical support beam by 
adding one stiffening fitting on each side, in accordance with 
Airbus Service Bulletin A340-53-4030, Revision 1, dated February 22, 
1996. Accomplishment of the replacement and reinforcement 
constitutes terminating action for the requirements of this AD. Or
    (2) Prior to the accumulation of 11,100 total flight cycles, or 
within 30 days after the effective date of this AD, whichever occurs 
later: Repeat the rototest inspection of the vertical support beam 
at the upper first fastener row of the CLG actuator attachment 
fitting (zones 147 and 148), in accordance with Airbus Service 
Bulletin A340-53-4043, Revision 02, dated July 18, 1997.
    (i) If the inspection accomplished in paragraph (b)(2) of this 
AD reveals no cracking: Prior to further flight, replace the CLG 
actuator attachment fitting with new parts, and reinforce the 
vertical support beam by adding one stiffening fitting on each side, 
in accordance with Airbus Service Bulletin A340-53-4030, Revision 1, 
dated February 22, 1996. Accomplishment of the replacement and 
reinforcement constitute terminating action for the requirements of 
this AD.
    (ii) If the inspection accomplished in paragraph (b)(2) of this 
AD reveals any cracking: Prior to further flight, repair in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate.
    (c) If the inspection accomplished in paragraph (a) of this AD 
reveals any cracking: Prior to further flight, repair in accordance 
with a method approved by the Manager, International Branch, ANM-
116.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) The inspections and modifications required by this AD shall 
be done in accordance with the following Airbus service bulletins, 
which contain the specified list of effective pages:

[[Page 16107]]



----------------------------------------------------------------------------------------------------------------
 Service bulletin referenced                                Revision level shown on                             
          and date                    Page number                    page                 Date shown on page    
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A340-53-4043, Revision 02,    1-15......................  02........................  July 18, 1997.            
 July 18, 1997.                                                                                                 
A340-53-4030, Revision 1,     1, 2, 8-9, 17.............  1.........................  February 22, 1996.        
 February 22, 1996.                                                                                             
                              3-7, 10-16................  Original..................  March 13, 1995.           
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    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 96-105-043(B)R1, dated July 30, 1997.

    (g) This amendment becomes effective on April 17, 1998.

    Issued in Renton, Washington, on March 26, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-8543 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U