[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Rules and Regulations]
[Pages 44731-44734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14866]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27741; Directorate Identifier 2006-NM-261-AD; 
Amendment 39-15141; AD 2007-16-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 Airplanes; and 
Model A340-200 and -300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an airworthiness authority 
of another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as keel beam 
rupture, which affects the structural integrity of the area. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective September 13, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 13, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to allow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.
    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 30, 2007 (72 
FR 15067). That NPRM proposed to require a repetitive special detailed 
inspection on the horizontal flange of the keel beam in the area of the 
first fastener hole aft of FR (frame) 40, follow-up actions (further 
inspections, installation of new fasteners, and sealing the fasteners), 
and repair if necessary. The MCAI states that during the A330 and A340 
aircraft fatigue test, cracks appeared on the right and left sides 
between the crossing area of the keel beam fitting and the front spar 
on the center wing box (CWB). This situation if not corrected can lead 
in the worst case to keel beam rupture, which affects the structural 
integrity of the area.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Refer to Revised MCAI

    Airbus requests we refer to European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0315 R1, dated October 26, 2006, in the 
AD. (We referred to EASA Airworthiness Directive 2006-0315, dated 
October 13, 2006, in the NPRM.) Airbus notes that Revision 1 of the 
EASA airworthiness directive adds an optional terminating action for 
the repetitive inspections.
    We agree with Airbus, and have revised this AD to refer to Revision 
1 of the EASA Airworthiness Directive. Revision 1 refers to the 
following Airbus Service Bulletins as the appropriate sources of 
service information for doing the optional terminating action: A330-57-
3090, dated March 27, 2006; and A340-57-4098, dated March 27, 2006. The 
modification can be done only on airplanes without Airbus Modification 
41652.
    The optional terminating action is a modification that involves 
disconnecting one or more fasteners from the keel beam/bottom skin 
panel

[[Page 44732]]

junction, removing two adjacent fasteners in order to perform cold 
working, and installing interference fit fasteners. The modification 
also involves inspections and repairing any cracking detected during 
the modification; in some instances the repair for cracking or for any 
bushing that has a diameter beyond certain limits specified in the 
service bulletin is contacting Airbus for repair instructions. We have 
added paragraph (e)(6) to this AD, and revised paragraph (d) of this AD 
to include the optional terminating action. We have revised paragraph 
(g) of this AD to refer to Revision 1 of the MCAI.

Explanation of Change to Paragraph (c)(3) ``Applicability''

    When we issued the NPRM we noted in paragraph (c)(3) that we were 
considering rulemaking regarding EASA airworthiness directive 2006-
0314. EASA airworthiness directive 2006-0314 applies to Model A340-200 
and -300 series airplanes repaired in accordance with certain Airbus 
repair drawings, and paragraph (c)(3) of the NPRM notes that those 
airplanes are not affected by the current action. We have since issued 
AD 2007-12-08, amendment 39-15086 (72 FR 31171, June 6, 2007), which is 
the parallel FAA AD to EASA airworthiness directive 2006-0314. We have 
changed paragraph (c)(3) of this AD to refer to AD 2007-12-08.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable in a U.S. court of 
law. In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI and related service 
information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect about 9 products of U.S. 
registry. We also estimate that it will take about 12 work-hours per 
product to comply with this AD. The average labor rate is $80 per work-
hour. Required parts will cost about $382 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$12,078, or $1,342 per product.

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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 the NPRM, 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. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 adding the following new AD:

2007-16-02 Airbus: Amendment 39-15141. Docket No. FAA-2007-27741; 
Directorate Identifier 2006-NM-261-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 13, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD; certificated in any category; except 
as provided by paragraph (c)(3) of this AD.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes, all serial numbers, 
except those on which Airbus modification 49202 has been embodied in 
production, or Airbus Service Bulletin A330-57-3090 has been 
embodied in service.
    (2) Airbus Model A340-200 and -300 series airplanes, all 
certified models, all serial numbers, except those on which Airbus 
modification 49202 has been embodied in production or Airbus Service 
Bulletin A340-57-4098 has been embodied in service.
    (3) This AD does not apply to Model A340-200 and -300 series 
airplanes repaired

[[Page 44733]]

in accordance with Airbus Repair Drawing R57115053, R57115051, or 
R57115047 (installation of titanium doubler). These airplanes are 
covered by European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0314, dated October 13, 2006. On May 25, 2007, we 
issued AD 2007-12-08, amendment 39-15086 (72 FR 31171, June 6, 
2007), which is the parallel FAA AD to EASA airworthiness directive 
2006-0314.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that during the A330 and A340 aircraft fatigue test, cracks 
appeared on the right and left sides between the crossing area of 
the keel beam fitting and the front spar on the center wing box 
(CWB). This situation if not corrected can lead in the worst case to 
keel beam rupture which affects the structural integrity of the 
area. In order to maintain the structural integrity of the aircraft, 
the MCAI requires a repetitive special detailed inspection on the 
horizontal flange of the keel beam in the area of the first fastener 
hole aft of FR (frame) 40, follow-up actions, and repair if 
necessary. The MCAI also includes an optional terminating action for 
the repetitive inspections.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within the mandatory threshold (flight cycles or flight 
hours) mentioned in the paragraph 1.E.(2) of Airbus Service Bulletin 
A340-57-4089, Revision 02; or A330-57-3081, Revision 02; both dated 
January 24, 2006, depending on the configuration of the aircraft 
model; or within 3 months after the effective date of this AD; 
whichever occurs later: Carry out the NDT (non-destructive test) 
inspection of the hole(s) of the horizontal flange of the keel beam 
located on FR 40 datum on RH (right-hand) and/or LH (left-hand) side 
of the fuselage, in accordance with the instructions of Airbus 
Service Bulletin A340-57-4089, Revision 02; or A330-57-3081, 
Revision 02; as applicable. Inspection in accordance with Airbus 
A330/A340 Technical Disposition F57D03012810, Issue B, dated August 
18, 2003; or 582.0651/2002, Issue A, dated October 17, 2002; 
satisfies the inspection requirements for the first rotating probe 
inspection which is specified at the inspection threshold of this 
AD.

    Note 1: In order to prevent large repairs or heavy maintenance, 
Airbus recommends to perform the above inspection according to 
recommended thresholds mentioned in paragraph 1.E.(2) of Airbus 
Service Bulletin A340-57-4089, Revision 02; or Airbus Service 
Bulletin A330-57-3081, Revision 02; both dated January 24, 2006.

    (2) In case of any crack finding, before further flight, contact 
Airbus in order to get repair instructions before next flight, and 
repair before further flight.
    (3) Should no crack be detected:
    (i) Before further flight: Follow up the actions indicated in 
the flow charts, figure 7, 8, or 9, of Airbus Service Bulletin A340-
57-4089, including Appendix 01, Revision 02, dated January 24, 2006; 
or figure 5, 6, or 7, of Airbus Service Bulletin A330-57-3081, 
including Appendix 01, Revision 02, dated January 24, 2006; in 
accordance with the instructions of the applicable service bulletin.
    (ii) Within 30 days after the effective date of this AD, or 
within 30 days after doing the inspection required by paragraph 
(e)(1) of this AD, whichever occurs later: Send the report of 
actions carried out in paragraph (e)(3)(i) of this AD to Airbus.
    (iii) Renew the inspection at mandatory intervals given in 
paragraph 1.E.(2) of Airbus Service Bulletin A340-57-4089, Revision 
02, dated January 24, 2006; or Airbus Service Bulletin A330-57-3081, 
Revision 02, dated January 24, 2006; as applicable; in accordance 
with the instructions of Service Bulletin A340-57-4089, Revision 02, 
or Service Bulletin A330-57-3081, Revision 02; as applicable, and 
send the inspection results to Airbus.

    Note 2: In order to prevent large repairs or heavy maintenance, 
Airbus recommends to perform the above repetitive inspection 
according to recommended intervals mentioned in paragraph 1.E.(2) of 
Airbus Service Bulletin A340-57-4089, Revision 02, dated January 24, 
2006; or Airbus Service Bulletin A330-57-3081, Revision 02, dated 
January 24, 2006.

    (4) Upon detection of a crack during a repetitive inspection, 
before further flight, contact Airbus to get repair instructions, 
and repair before further flight.
    (5) No additional work is required for aircraft inspected in 
accordance with the instructions of Airbus Service Bulletin A330-57-
3081, dated October 30, 2003, or Revision 01, dated May 18, 2004; or 
Airbus Service Bulletin A340-57-4089, dated October 30, 2003, or 
Revision 01, dated March 2, 2004. Nevertheless, the operators must 
check that their inspection program is in accordance with paragraph 
1.E.(2) of Airbus Service Bulletin A340-57-4089, Revision 02, dated 
January 24, 2006; or Airbus Service Bulletin A330-57-3081, Revision 
02, dated January 24, 2006; as applicable; for the repetitive 
inspection.
    (6) For aircraft on which Airbus Modification 41652 is not 
embodied: When the aircraft has been modified in accordance with 
Airbus Service Bulletin A330-57-3090, dated March 27, 2006; or 
Airbus Service Bulletin A340-57-4098, dated March 27, 2006; as 
applicable; the repetitive inspections required by this AD are 
cancelled. In case of any crack finding during the modification: 
Where the applicable service bulletin specifies to contact Airbus, 
before further flight, contact Airbus to get repair instructions, 
and repair.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows. The MCAI did not have a required action if cracks are 
found during a repetitive inspection. This AD requires contacting 
Airbus for repair instructions and repairing before further flight.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 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. Send information to ATTN: Tim Backman, Aerospace 
Engineer, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington 98057-3356. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (g) Refer to MCAI EASA Airworthiness Directive 2006-0315 R1, 
dated October 26, 2006, and the service information listed in Table 
1 of this AD, for related information.

                                      Table 1.--Related Service Information
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         Airbus Service Bulletin                    Revision level                          Date
----------------------------------------------------------------------------------------------------------------
A330-57-3081.............................  02.............................  January 24, 2006.
A330-57-3090.............................  Original.......................  March 27, 2006.
A340-57-4089.............................  02.............................  January 24, 2006.
A340-57-4098.............................  Original.......................  March 27, 2006.
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[[Page 44734]]

Material Incorporated by Reference

    (h) You must use the applicable service information specified in 
Table 2 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise. If you accomplish the optional terminating 
modification specified in this AD, you must use the applicable 
service information specified in Table 3 of this AD.

          Table 2.--Required Material Incorporated by Reference
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   Airbus Service Bulletin        Revision                Date
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A330-57-3081, including                     02  January 24, 2006.
 Appendix 01.
A340-57-4089, including                     02  January 24, 2006.
 Appendix 01.
------------------------------------------------------------------------


          Table 3.--Optional Material Incorporated by Reference
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        Airbus Service Bulletin                        Date
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A330-57-3090...........................  March 27, 2006.
A340-57-4098...........................  March 27, 2006.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 24, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-14866 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-13-P