[Federal Register Volume 64, Number 181 (Monday, September 20, 1999)]
[Rules and Regulations]
[Pages 50749-50751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-175-AD; Amendment 39-11318; AD 99-19-31]
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 repetitive inspections to detect cracking of the right inboard 
attachment lug of the main fitting of the center landing gear (CLG), 
and replacement with a new or serviceable CLG, if necessary. This 
action also provides for replacement of the CLG with an improved CLG as 
an optional terminating action for the repetitive inspections. 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 detect and correct cracks in the 
attachment lug, which could result in failure of the CLG.

DATES: Effective October 5, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 5, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before October 20, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114,

[[Page 50750]]

Attention: Rules Docket No. 99-NM-175-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 an operator has found a cracked 
attachment lug located on the inboard side of the right-hand main 
fitting of the center landing gear (CLG) [which is part of the main 
landing gear (MLG)]. The operator found the failed lug during the 
weekly visual inspection of the MLG. The cause of the cracking is 
unknown at this time. Such cracking, if not corrected, could result in 
failure of the CLG.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A340-32-4091, Revision 01, dated 
June 3, 1998, which describes procedures for repetitive inspections to 
detect cracking of the right inboard attachment lug of the main fitting 
of the CLG, and replacement with a new or serviceable CLG, if 
necessary. The DGAC classified these service bulletins as mandatory and 
issued French airworthiness directive 97-363-076(B) R2, dated July 15, 
1998, as revised by Erratum, dated August 12, 1998, in order to assure 
the continued airworthiness of these airplanes in Francea.
    Airbus has also issued Service Bulletin A340-32-4097, Revision 02, 
dated June 24, 1998, which describes procedures for replacement of the 
CLG with an improved CLG. Such replacement eliminates the need for the 
repetitive inspections.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
Sec. 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 is being issued to detect cracks of the 
right inboard attachment lug of the main fitting of the CLG. This AD 
requires accomplishment of the actions specified in Airbus Service 
Bulletin A340-32-4091, described previously. This AD also provides for 
optional terminating action for the repetitive inspections.
    Operators should note that, in consonance with the findings of the 
DGAC, the FAA has determined that the repetitive inspections in this AD 
can be allowed to continue in lieu of accomplishment of a terminating 
action. In making this determination, the FAA considers that, in this 
case, long-term continued operational safety will be adequately assured 
by accomplishing the repetitive inspections to detect cracking before 
it represents a hazard to the airplane.

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 1 work hour to 
accomplish the required inspection, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$60 per airplane, per inspection cycle.

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 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 99-NM-175-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

[[Page 50751]]

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:

99-19-31  Airbus Industrie: Amendment 39-11318. Docket 99-NM-175-AD.

    Applicability: Model A340 series airplanes, certificated in any 
category; except those on which Airbus Modification 45302 has been 
accomplished.

    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 (f) 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 detect and correct cracking of the right inboard attachment 
lug of the main fitting of the center landing gear (CLG), which 
could result in failure of the CLG, accomplish the following:

Inspection

    (a) For airplanes on which Airbus Industrie Modification 43028 
(reference Airbus Service Bulletin A340-32-4083) has not been 
accomplished: Prior to the accumulation of 150 flight cycles on the 
CLG, or within 7 days after the effective date of this AD, whichever 
occurs later, perform a detailed visual inspection to detect 
cracking of the right inboard attachment lug of the main fitting of 
the CLG, in accordance with Airbus Service Bulletin A340-32-4091, 
Revision 01, dated June 3, 1998.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (b) For airplanes on which Airbus Industrie Modification 43028 
(reference Airbus Service Bulletin A340-32-4083) has been 
accomplished: Prior to the accumulation of 1,020 flight cycles on 
the CLG, or within 7 days after the effective date of this AD, 
whichever occurs later, perform a detailed visual inspection to 
detect cracking of the right inboard attachment lug of the main 
fitting of the CLG, in accordance with Airbus Service Bulletin A340-
32-4091, Revision 01, dated June 3, 1998.
    (c) If any cracking is found during any inspection required by 
paragraph (a) or (b) of this AD: Prior to further flight, replace 
the CLG with a new or serviceable CLG in accordance with Airbus 
Service Bulletin A340-32-4091, Revision 01, dated June 3, 1998; or 
accomplish the optional terminating action specified in paragraph 
(e).

    Note 3: Accomplishment of the detailed visual inspections or 
replacement of the CLG in accordance with Airbus Service Bulletin 
A340-32-4091, dated February 17, 1997, is acceptable for compliance 
with the actions specified by paragraphs (a), (b), and (c) of this 
AD.

    (d) Repeat the inspections required by paragraph (a) or (b), as 
applicable, at intervals not to exceed 7 days until accomplishment 
of the optional terminating action specified in paragraph (e) of 
this AD.

Optional Terminating Action

    (e) Installation of an improved CLG in accordance with Airbus 
Service Bulletin A340-32-4097, Revision 01, dated April 16, 1998, or 
Revision 02, dated June 24, 1998, constitutes terminating action for 
the repetitive inspection requirement of paragraph (d) of this AD.

Alternative Methods of Compliance

    (f) 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, FAA, 
Transport Airplane Directorate. 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (g) Special flight permits may be issued in accordance with 
Secs. 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.

Incorporation by Reference

    (h) The actions shall be done in accordance with Airbus Service 
Bulletin A340-32-4091, Revision 01, dated June 3, 1998. 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 5: The subject of this AD is addressed in French 
airworthiness directive 97-363-076(B) R2, dated July 15, 1998, as 
revised by Erratum, dated August 12, 1998.
    (i) This amendment becomes effective on October 5, 1999.

    Issued in Renton, Washington, on September 8, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-23995 Filed 9-17-99; 8:45 am]
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