[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Proposed Rules]
[Pages 30340-30343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8122]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22812; Directorate Identifier 2005-NM-134-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 Airplanes and Model 
A340-200 and -300 Series Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Airbus Model A330 airplanes and 
Model A340-200 and -300 series airplanes. The original NPRM would have 
required repetitive detailed inspections for cracking in the aft web of 
support rib 6 between certain bottom skin stringers on both wings; high 
frequency eddy current inspections for cracking of the attachment holes 
of the fuel pipes, and repair if necessary. The original NPRM also 
would have provided for an optional modification, which would extend a 
certain inspection threshold. The original NPRM resulted from a report 
of significant cracking found in the aft web of support rib 6 on both 
wings. This action revises the original NPRM by mandating, for certain 
airplanes, a new modification of support rib 6 on both wings, which 
would end the repetitive inspection requirement. This action also 
reduces the applicability in the original NPRM. We are proposing this 
supplemental NPRM to prevent cracking in the aft web of support rib 6, 
which could result in overloading of adjacent ribs and the surrounding 
wing structure and consequent reduced structural integrity of the wing.

DATES: We must receive comments on this supplemental NPRM by June 20, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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.
     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 the service information identified in this proposed AD.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2005-22812; Directorate Identifier 2005-NM-134-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 supplemental NPRM. 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain Airbus Model A330-200, 
A330-300, A340-200, and A340-300 series airplanes. The original NPRM 
was published in the Federal Register on October 27, 2005 (70 FR 
61927). The original NPRM proposed to require repetitive detailed 
inspections for cracking in the aft web of support rib 6 between 
certain bottom skin stringers on both wings; high frequency eddy 
current inspections for cracking of the attachment holes of the fuel 
pipes, and repair if necessary. The original NPRM also proposed to 
provide for an optional modification, which would extend a certain 
inspection threshold.
    The preamble to the original NPRM specified that we considered the 
requirements ``interim action'' and that the manufacturer was 
developing a modification to address the unsafe condition. The preamble 
also explained that we may consider further rulemaking if a 
modification is developed, approved, and available. The manufacturer 
now has developed such a modification, and we have determined that 
further rulemaking is indeed necessary; this supplemental NPRM follows 
from that determination.

New Relevant Service Information

    Airbus has issued Service Bulletins A330-57-3085 (for Model A330 
airplanes) and A340-57-4093 (for Model A340-200 and -300 series 
airplanes), both Revision 02, both dated

[[Page 30341]]

September 29, 2005. Revision 02 is essentially the same as Revision 01 
of the service bulletins, which were referenced in the original NPRM as 
the source of service information for accomplishing the inspections.
    Airbus has also issued Service Bulletins A330-57-3087 (for Model 
A330 airplanes) and A340-57-4095 (for Model A340-200 and -300 series 
airplanes), both Revision 01, both dated September 22, 2005. Revision 
01 is essentially the same as the original issue of the service 
bulletins, which were referenced in the original NPRM as the source of 
service information for accomplishing the optional modification.
    Airbus has also issued Service Bulletins A330-57-3088 (for Model 
A330 airplanes) and A340-57-4096 (for Model A340-200 and -300 series 
airplanes), both dated September 21, 2005. The service bulletins 
provide procedures for a new modification of support rib 6 on both 
wings that eliminates the need for the repetitive inspections. The 
modification includes, among other things, installing a reinforcement 
plate and cold expanding the attachment holes for the outboard side of 
rib 6.

Comments

    We have considered the following comments on the original NPRM.

Request To Add New French Airworthiness Directives/Service Bulletin

    Airbus asks that French airworthiness directives F-2006-008 and F-
2006-009, both dated January 4, 2006, be added to the supplemental 
NPRM. Airbus states that the French airworthiness directives mandate 
terminating action for the repetitive inspections specified in the 
original NPRM. F-2006-008 and F-2006-009 cancel the requirements in 
French airworthiness directives F-2005-071 and F-2005-072, both dated 
April 27, 2005 (referenced in the original NPRM).
    Northwest Airlines asks that Airbus Service Bulletin A330-57-3088 
be added to the supplemental NPRM as terminating action for the 
repetitive inspections specified in Airbus Service Bulletin A330-57-
3085, Revision 02.
    We agree with the commenters' requests. The Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, mandated the service information and issued French 
airworthiness directives F-2006-008 and F-2006-009, both dated January 
4, 2006. French airworthiness directives F-2006-008 and F-2006-009, 
mandate a new modification of support rib 6 on both wings, and have 
been added to this supplemental NPRM. The French airworthiness 
directives require using Airbus Service Bulletins A330-57-3088 and 
A340-57-4096 (identified above) for accomplishing the modification. We 
have also added those service bulletins to this supplemental NPRM.

Request to Exclude Airplanes with Airbus Modification 53883

    Northwest Airlines asks that airplanes on which Airbus Modification 
53883 has been incorporated in production be excluded from the 
applicability specified in the original NPRM. The airline provides no 
justification for the request.
    We agree to exclude the subject airplanes from the applicability 
section of the supplemental NPRM. French airworthiness directives F-
2006-008 and F-2006-009 exclude those airplanes. Airbus Modification 
53883 is the production version of the modification defined in Airbus 
Service Bulletins A330-57-3088 and A340-57-4096, which ends the 
repetitive inspections, as specified in paragraph (n) of the 
supplemental NPRM.

Request To Correct Typographical Error

    Airbus notes that there is a typographical error in paragraph (h) 
of the original NPRM. Airbus states that paragraph (h) should specify 
paragraph (h)(3)(i) instead of (h)(3) for the third compliance 
paragraph. We do not agree; the ``(i)'' under paragraph (h)(3) is a new 
paragraph, not a subparagraph of paragraph (h)(3) as the commenter 
noted.

Request To Change Applicability

    Airbus asks that Model A330-302 and -303 airplanes be added to the 
applicability specified in the original NPRM. We agree. Whereas Model 
A330-302 and -303 airplanes have not yet been type certificated, FAA 
approval of these models is in process. We have changed the 
applicability in this supplemental NPRM to more closely parallel the 
effectivity section of the French airworthiness directives; the revised 
reference to Model A330 airplanes includes Model A330-302 and -303 
airplanes.

Explanation of Change to Costs of Compliance

    After the original NPRM was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Explanation of Change to the Original NPRM

    Paragraph (k) of the original NPRM specifies making repairs using a 
method approved by either the FAA or the Direction Gerale de l'Aviation 
Civile (or its delegated agent). The European Aviation Safety Agency 
(EASA) has assumed responsibility for the airplane models subject to 
this AD. Therefore, we have revised paragraph (k) of this supplemental 
NPRM to specify making repairs using a method approved by either the 
FAA or the EASA (or its delegated agent).

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This supplemental NPRM would affect about 25 airplanes of U.S. 
registry.
    The proposed inspections would take about 4 work hours per 
airplane, at an average labor rate of $80 per work hour. Based on these 
figures, the estimated cost of the proposed inspections for U.S. 
operators is $8,000, or $320 per airplane, per inspection cycle.
    The proposed modification of support rib 6 on the left-hand wing 
would take about 38 work hours per airplane, at an average labor rate 
of $80 per work hour. Required parts would cost about $5,020 per 
airplane. Based on these figures, the estimated cost of this 
modification on the left-hand wing on U.S. operators is $201,500, or 
$8,060 per airplane.
    The proposed modification of support rib 6 on the right-hand wing 
would take about 38 work hours per airplane, at an average labor rate 
of $80 per work hour. Required parts would cost about $5,020 per 
airplane. Based on these figures, the estimated cost of this 
modification on the right-hand wing on U.S. operators is $201,500, or 
$8,060 per airplane.

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,

[[Page 30342]]

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

AIRBUS: Docket No. FAA-2005-22812; Directorate Identifier 2005-NM-
134-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 20, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330 airplanes and Model 
A340-200 and -300 series airplanes, certificated in any category; on 
which Airbus Modification 41114 or 44599 was done during production; 
except those airplanes on which Airbus Modification 53883 was done 
during production.

Unsafe Condition

    (d) This AD results from a report of significant cracking found 
in the aft web of support rib 6 on both wings. We are issuing this 
AD to prevent cracking in the aft web of support rib 6, which could 
result in overloading of adjacent ribs and the surrounding wing 
structure and consequent reduced structural integrity of the wing.

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: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Repetitive Inspections

    (f) For Model A330 series airplanes on which Airbus Modification 
53882 was not done during production: At the applicable time 
specified in paragraph (f)(1), (f)(2), or (f)(3) of this AD, perform 
a detailed inspection for cracking in the aft web of support rib 6 
between bottom skin stringers 18 and 20 on both wings, and high 
frequency eddy current inspections for cracking of the attachment 
holes of the fuel pipe and fuel pipe mounting, by doing all the 
actions in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-57-3085, Revision 02, dated September 29, 
2005. If no crack is found during the initial inspections, repeat 
the inspections thereafter at intervals not to exceed 8,000 flight 
cycles or 25,000 flight hours, whichever is first, until the 
terminating action specified in paragraph (n) of this AD is done. If 
any crack is found during any inspection, repair as specified in 
paragraph (k) of this AD, or before further flight do the 
terminating action specified in paragraph (n) of this AD.
    (1) For airplanes that have accumulated 7,999 or fewer total 
flight cycles, and 24,999 or fewer total flight hours, as of the 
effective date of this AD: Do the inspections at the later of the 
times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Before the accumulation of 8,000 total flight cycles or 
25,000 total flight hours, whichever is first.
    (ii) Within 8 months after the effective date of this AD.
    (2) For airplanes that have accumulated 8,000 or more total 
flight cycles, but fewer than 10,000 total flight cycles; or 25,000 
or more total flight hours, but fewer than 30,000 total flight 
hours; as of the effective date of this AD: Do the inspections at 
the later of the times specified in paragraphs (f)(2)(i) and 
(f)(2)(ii) of this AD.
    (i) Before the accumulation of 10,000 total flight cycles or 
30,000 total flight hours, whichever is first.
    (ii) Within 8 months after the effective date of this AD.
    (3) For airplanes that have accumulated 10,000 or more total 
flight cycles or 30,000 or more total flight hours as of the 
effective date of this AD: Do the inspections within 3 months after 
the effective date of this AD.
    (g) For Model A330 series airplanes on which Airbus Modification 
53882 was done during production or on which Airbus Service Bulletin 
A330-57-3087, dated February 15, 2005, or Revision 01, dated 
September 22, 2005, has been done: Perform the applicable 
inspections required by paragraph (f) of this AD at the earliest of 
the initial inspection thresholds specified in Figure 4, Sheet 1, 
``Inspection Flow Chart'' of Airbus Service Bulletin A330-57-3085, 
Revision 02, dated September 29, 2005; or within 6 months after the 
effective date of this AD, whichever is later. Repeat the 
inspections required by paragraph (f) of this AD at the time 
specified in paragraph (f) of this AD, until the terminating action 
specified in paragraph (n) of this AD is done.
    (h) For Model A340 series airplanes on which Airbus Modification 
53882 was not done during production: Perform the inspections 
required by paragraph (f) of this AD at the applicable time 
specified in paragraph (h)(1), (h)(2), or (h)(3) of this AD. Perform 
the inspections by doing all the actions accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A340-57-4093, 
Revision 02, dated September 29, 2005. Repeat the inspections 
thereafter at intervals not to exceed 8,000 flight cycles or 30,200 
flight hours, whichever is first, until the terminating action 
required by paragraph (n) of this AD is done.
    (1) For airplanes that have accumulated 7,999 or fewer total 
flight cycles, and 30,199 or fewer total flight hours, as of the 
effective date of this AD: Do the inspections at the later of the 
times specified in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Before the accumulation of 8,000 total flight cycles or 
30,200 total flight hours, whichever is first.
    (ii) Within 8 months after the effective date of this AD.
    (2) For airplanes that have accumulated 8,000 or more total 
flight cycles, but fewer than 10,000 total flight cycles; or 30,200 
or more total flight cycles, but fewer than 43,700 total flight 
hours, as of the effective

[[Page 30343]]

date of this AD: Do the inspections at the later of the times 
specified in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Before the accumulation of 10,000 total flight cycles or 
43,700 total flight hours, whichever is first.
    (ii) Within 8 months after the effective date of this AD.
    (3) For airplanes that have accumulated 10,000 or more total 
flight cycles or 43,700 or more total flight hours as of the 
effective date of this AD: Do the inspections within 3 months after 
the effective date of this AD.
    (i) For Model A340 series airplanes on which Airbus Modification 
53882 was done during production or on which Airbus Service Bulletin 
A340-57-4095, dated February 15, 2005, or Revision 01, dated 
September 22, 2005, has been done: Perform the applicable 
inspections required by paragraph (f) of this AD at the earliest of 
the initial inspection thresholds specified in Figure 4, Sheet 1, 
``Inspection Flow Chart'' of Airbus Service Bulletin A340-57-4093, 
Revision 02, dated September 29, 2005; or within 6 months after the 
effective date of this AD, whichever is later. Repeat the 
inspections required by paragraph (f) of this AD at the time 
specified in paragraph (h) of this AD, until the terminating action 
specified in paragraph (n) of this AD is done.

Inspections Accomplished According to Previous Issue of Service 
Bulletins

    (j) Inspections accomplished before the effective date of this 
AD according to Airbus All Operator Telexes A330-57-3085 and A340-
57-4093, both dated December 15, 2004; or Airbus Service Bulletins 
A330-57-3085 and A340-57-4093, both Revision 01, both dated March 
25, 2005; are considered acceptable for compliance with the 
corresponding inspections specified in this AD.

Repair

    (k) If any cracking is found during any inspection required by 
this AD: Before further flight, either repair and get a schedule for 
subsequent inspections, according to a method approved by either the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA) (or 
its delegated agent); or accomplish the terminating action specified 
in paragraph (n) of this AD.

Optional Modification

    (l) Accomplishing the modification of the fuel pipe connector 
and the fastener holes of support rib 6 on both wings by doing all 
the actions specified in the Accomplishment Instructions of Airbus 
Service Bulletin A330-57-3087, or A340-57-4095, both dated February 
15, 2005, or Revision 01, both dated September 22, 2005, as 
applicable, extends the interval for the next inspection to the 
applicable post-mod inspection threshold specified in Figure 4, 
Sheet 1, ``Inspection Flow Chart'' of Airbus Service Bulletins A330-
57-3085 and A340-57-4093, both Revision 01, both dated March 25, 
2005, as applicable. After accomplishing that inspection, repeat the 
applicable inspections required by paragraph (f) or (h) of this AD 
at the applicable repetitive inspection interval specified in Figure 
4 of the Accomplishment Instructions of the service bulletin, until 
the terminating action specified in paragraph (n) of this AD is 
done.

Hard or Overweight Landing

    (m) For Model A330 series airplanes with 8,000 or more total 
flight cycles or 25,000 or more total flight hours, and Model A340 
series airplanes with 8,000 or more total flight cycles or 30,200 or 
more total flight hours that have not been modified in accordance 
with paragraph (j) of this AD: Before further flight after any hard 
or overweight landing of the airplane, accomplish the applicable 
follow-on inspections and any applicable corrective actions 
according to a method approved by either the Manager, International 
Branch, ANM-116; or the EASA (or its delegated agent). Accomplishing 
the inspections in Airbus A330/A340 Airplane Maintenance Manual, 
Chapter 05-51-11, dated April 1, 2005, titled ``Inspection After 
Hard/Overweight Landing--Inspection/Check,'' or Airbus Technical 
Disposition (TD) TD/J1/S3/00608/2005, dated April 26, 2005, titled 
``Inspections following hard landing, both wings,'' is considered 
one approved method. Operators can obtain the TD from Airbus.

Terminating Modification

    (n) For airplanes on which support rib 6 on both wings has not 
been repaired in accordance with paragraph (k) of this AD: Within 60 
months after the effective date of this AD, modify the fuel pipe 
connector and the fastener holes of support rib 6 on both wings by 
doing all the actions specified in the Accomplishment Instructions 
of Airbus Service Bulletin A330-57-3088, or A340-57-4096, both dated 
September 21, 2005, as applicable. Accomplishing the modification in 
this paragraph ends the repetitive inspections required by this AD. 
Repair of support rib 6 on both wings before the effective date of 
this AD using repair drawing R572-57023 or R572-57026, as 
applicable, ends the repetitive inspections required by this AD.

Alternative Methods of Compliance (AMOCs)

    (o)(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

    (p) French airworthiness directives F-2006-008 and F-2006-009, 
both dated January 4, 2006, also address the subject of this AD.

    Issued in Renton, Washington, on May 17, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-8122 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P