[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Rules and Regulations]
[Pages 59233-59236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20073]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22614; Directorate Identifier 2005-NM-035-AD; 
Amendment 39-14324; AD 2005-20-27]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-211, -212, -311, and 
-312 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A340-211, -212, -311, and -312 airplanes. This AD 
requires an initial rotating probe inspection and initial and 
repetitive ultrasonic inspections for discrepancies of the first 
fastener hole of the horizontal flange of the keel beam on previously 
modified airplanes, installation of new fasteners, and corrective 
action if necessary. This AD results from a report that certain 
inspections done before accomplishing the modification of the lower 
keel beam fitting and forward lower shell connection, revealed cracking 
that was outside the modification limits specified in the service 
bulletin; the cracking was repaired by installing a titanium doubler. 
We are issuing this AD to find and fix discrepancies of the fastener 
holes of the horizontal flange of the keel beam, which could result in 
reduced structural integrity of the fuselage.

DATES: This AD becomes effective October 27, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 27, 
2005.
    We must receive comments on this AD by December 12, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.

[[Page 59234]]

     Hand Delivery: room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on certain Airbus Model A340-211, -212, -
311, and -312 airplanes. The DGAC advises that certain inspections done 
before accomplishing the modification specified in Airbus Service 
Bulletin A340-57-4036 (Airbus Modification 43577), Revision 05, dated 
March 14, 2000, revealed cracking that was outside the modification 
limits specified in that service bulletin. The cracking was repaired by 
installing a titanium doubler using certain repair drawings. 
Subsequently, a detailed structural analysis was done on the repaired 
airplanes. It was determined by the manufacturer that a specific 
inspection program is necessary for the repaired airplanes in order to 
maintain structural integrity. Cracking of the fastener holes of the 
horizontal flange of the keel beam could result in reduced structural 
integrity of the fuselage.

Relevant Service Information

    Airbus has issued Service Bulletin A340-57-4087, dated November 21, 
2003. The service bulletin describes procedures for an initial rotating 
probe inspection and initial and repetitive ultrasonic inspections for 
discrepancies (cracking, out-of-tolerance fastener holes, and fastener 
damage) of the first fastener hole of the horizontal flange of the keel 
beam. If no cracking is found during the rotating probe inspection, the 
service bulletin describes procedures for installation of a new 
fastener and determining if the fastener hole is out-of-tolerance. The 
corrective action for any out-of-tolerance hole includes reaming any 
out-of-tolerance fastener holes to oversize and installing oversized 
fasteners. The service bulletin also describes procedures for 
repetitive follow-on ultrasonic inspections for cracking, and 
contacting Airbus for repair instructions if cracking is found. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DGAC mandated 
the service information and issued French airworthiness directive F-
2005-007, dated January 5, 2005, to ensure the continued airworthiness 
of these airplanes in France.
    The service bulletin also specifies to contact the manufacturer for 
disposition of certain repair conditions and report inspection findings 
to the manufacturer. The service bulletin refers to Airbus Service 
Bulletin A340-57-4036, Revision 05, dated March 14, 2000, as the source 
of service information for accomplishing Airbus Modification 43577. The 
modification was previously accomplished on all airplanes affected by 
this AD.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to find and fix discrepancies of 
the fastener holes of the horizontal flange of the keel beam, which 
could result in reduced structural integrity of the fuselage. This AD 
requires accomplishing the actions specified in Service Bulletin A340-
57-4087, described previously, except as discussed under ``Difference 
Between this AD, the French Airworthiness Directive, and Service 
Bulletin A340-57-4087.''

Difference Between This AD, the French Airworthiness Directive, and 
Service Bulletin A340-57-4087

    The French airworthiness directive and the service bulletin specify 
contacting the manufacturer for disposition of certain repair 
conditions; this AD requires the repair of those conditions to be 
accomplished per a method approved by either the FAA or the DGAC (or 
its delegated agent). In light of the type of repair that would be 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that, for this AD, a repair approved by either the FAA or 
the DGAC (or its delegated agent) would be acceptable for compliance 
with this AD.
    Although the French airworthiness directive allows for use of the 
procedures specified in Airbus Technical Disposition F57D03012810 or 
582.0651/2002 for accomplishing the first rotating probe inspection, 
this AD does not allow for those documents to be used. This difference 
has been coordinated with the DGAC.

Clarification of Compliance Time

    The service bulletin and French airworthiness directive do not 
provide a compliance time for the initial ultrasonic inspection if no 
cracking is found during the rotating probe inspection; however, this 
AD requires that the inspection be done within 1,480 flight cycles or 
7,400 flight hours after accomplishing the one-time rotating probe 
inspection.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, it would take between 3 and 8 work hours per airplane 
for the initial inspections and about 2 work hours per airplane for 
each repetitive inspection, at an average labor rate of $65 per work 
hour. Two kits would be required for installing the new fasteners after 
discarding the removed fasteners. Parts cost is $190 for each kit. 
Based on these figures, the estimated cost of the initial actions would 
be between $575 and $900 per airplane; and the estimated cost of the 
repeat inspection is estimated to be $130 per airplane, per inspection 
cycle.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

[[Page 59235]]

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22614; Directorate Identifier 2005-NM-035-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that web 
site, anyone can find and read the comments in any of our dockets, 
including 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), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 have 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 the 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-20-27 Airbus: Amendment 39-14324. Docket No. FAA-2005-22614; 
Directorate Identifier 2005-NM-035-AD.

Effective Date

    (a) This AD becomes effective October 27, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -311, and -
312 airplanes, certificated in any category, serial numbers 0006, 
0007 (right-hand side only), 0008, 0013, 0020, 0024 (left-hand side 
only), 0027 through 0029 inclusive, 0031, 0033, 0035, 0038 through 
0040 inclusive, 0043, 0047, 0049, and 0052.

Unsafe Condition

    (d) This AD results from a report that certain inspections done 
before accomplishing the modification of the lower keel beam fitting 
and forward lower shell connection revealed cracking that was 
outside the modification limits specified in the service bulletin; 
the cracking was repaired by installing a titanium doubler. The FAA 
is issuing this AD to find and fix discrepancies of the fastener 
holes of the horizontal flange of the keel beam, which could result 
in reduced structural integrity of the fuselage.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

    Note 1: Airbus Service Bulletin A340-57-4087, dated November 21, 
2003, cites Airbus Service Bulletin A340-57-4036, Revision 05, dated 
March 14, 2000, as the source of service information for 
accomplishing Airbus Modification 43577.

Initial/Repetitive Nondestructive Test Inspections/Repair

    (f) Within 5,420 flight cycles or 26,200 flight hours after 
accomplishing Airbus Modification 43577, whichever is first: Perform 
an initial rotating probe inspection for discrepancies of the first 
fastener hole of the horizontal flange of the keel beam by doing all 
the actions in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A340-57-4087, dated November 21, 2003. If no 
cracking is found, before further flight, inspect for correct 
fastener diameter tolerance; if the fastener diameter is out-of-
tolerance, before further flight, ream to oversize the fastener 
holes and install oversize fasteners in accordance with the 
Accomplishment Instructions of the service bulletin.
    (g) If no cracking is found during any inspection required by 
paragraph (f) of this AD: Within 1,480 flight cycles or 7,400 flight 
hours, whichever is first, after accomplishing the inspection: 
Perform an initial ultrasonic inspection for discrepancies of the 
first fastener hole of the horizontal flange of the keel beam by 
doing all the actions in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A340-57-4087, dated November 
21, 2003. If no cracking is found, repeat the ultrasonic inspection 
thereafter at intervals not to exceed 1,480 flight cycles or 7,400 
flight hours, whichever is first.

Repair Per the FAA or the Direction G[eacute]n[eacute]rale De 
L'Aviation Civile (DGAC)

    (h) If any cracking is found during any inspection required by 
this AD: Before

[[Page 59236]]

further flight, repair per a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the DGAC (or its delegated agent). Within 1,480 flight cycles or 
7,400 flight hours, whichever is first, after repair of any 
cracking, perform an ultrasonic inspection as required by paragraph 
(g) of this AD. Repeat the ultrasonic inspection thereafter at 
intervals not to exceed 1,480 flight cycles or 7,400 flight hours, 
whichever is first.

No Reporting Required

    (i) Although Airbus Service Bulletin A340-57-4087, dated 
November 21, 2003, specifies submitting an inspection report to the 
manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (k) French airworthiness directive F-2005-007, dated January 5, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus Service Bulletin A340-57-4087, including 
Appendix 01, dated November 21, 2003, to perform the actions that 
are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 28, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-20073 Filed 10-11-05; 8:45 am]
BILLING CODE 4910-13-P