[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Proposed Rules]
[Pages 45970-45972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16111]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28925; Directorate Identifier 2007-NM-123-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    During ground inspection of an A340-311 aircraft, it has been 
discovered that 5 fasteners were missing between Frame (FR) 18 and 
FR19 on longitudinal joint at stringer 28RH (right hand).
    Further investigations have revealed that the missing fasteners 
have not been installed in production due to incorrect production 
instructions.
    If not corrected, this situation could affect the structural 
integrity of the aircraft in the area of stringer 28 between FR18 
and FR19 at longitudinal joint.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 17, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

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 this proposed AD, 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.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28925; Directorate Identifier 2007-NM-123-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    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 we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2007-0125, dated May 4, 2007 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During ground inspection of an A340-311 aircraft, it has been 
discovered that 5 fasteners were missing between Frame (FR) 18 and 
FR19 on longitudinal joint at stringer 28RH (right hand).
    Further investigations have revealed that the missing fasteners 
have not been installed in production due to incorrect production 
instructions.
    If not corrected, this situation could affect the structural 
integrity of the aircraft in the area of stringer 28 between FR18 
and FR19 at longitudinal joint.
    In order to re-establish the structural strength of the 
aircraft, this Airworthiness Directive (AD) renders mandatory the 
inspection of the longitudinal joint at stringer 28 RH between FR18 
and FR19 [for missing fasteners].

    For airplanes on which any fastener is missing, the corrective 
actions include doing a detailed visual inspection for cracking of the 
adjacent fastener area from the outside, without removing the 
fasteners; and if no crack is found, doing a rotating probe inspection 
for cracks of the adjacent fastener holes after removing the fasteners, 
and replacing any missing fastener. The corrective actions also include 
contacting Airbus for repair instructions and repair if fasteners are 
not at nominal diameter or if any crack is found. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A330-53-3170 and A340-53-4175, 
both dated March 27, 2007. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe

[[Page 45971]]

condition exists and is likely to exist or develop on other products of 
the same type design.

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 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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 9 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $2,880, or $320 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 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 this 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 proposed AD and placed it in the AD docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

AIRBUS: Docket No. FAA-2007-28925; Directorate Identifier 2007-NM-
123-AD.

Comments Due Date

    (a) We must receive comments by September 17, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200 and -300 series 
airplanes and Model A340-200 and -300 series airplanes; certificated 
in any category; all serial numbers (MSN) up to MSN 0402 included, 
except MSN 051.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During ground inspection of an A340-311 aircraft, it has been 
discovered that 5 fasteners were missing between Frame (FR) 18 and 
FR19 on longitudinal joint at stringer 28RH (right hand).
    Further investigations have revealed that the missing fasteners 
have not been installed in production due to incorrect production 
instructions.
    If not corrected, this situation could affect the structural 
integrity of the aircraft in the area of stringer 28 between FR18 
and FR19 at longitudinal joint.
    In order to re-establish the structural strength of the 
aircraft, this Airworthiness Directive (AD) renders mandatory the 
inspection of the longitudinal joint at stringer 28 RH between FR18 
and FR19 [for missing fasteners].

    For airplanes on which any fastener is missing, the corrective 
actions include doing a detailed visual inspection for cracking of 
the adjacent fastener area from the outside, without removing the 
fasteners; and if no crack is found, doing a rotating probe 
inspection for cracks of the adjacent fastener holes after removing 
the fasteners, and replacing any missing fastener. The corrective 
actions also include contacting Airbus for repair instructions and 
repair if fasteners are not at nominal diameter or if any crack is 
found.

Actions and Compliance

    (f) Before the accumulation of 14,000 flight cycles from the 
first flight of the aircraft, or within 1,500 flight cycles 
following the effective date of this AD, whichever occurs later, 
unless already done, do the following actions: Perform a detailed 
visual inspection of the longitudinal joint at stringer 28 RH 
between FR18 and FR19 for missing fasteners, and do all applicable 
corrective actions before further flight, in accordance with the 
instructions defined in Airbus Service Bulletin A330-53-3170 or 
A340-53-4175, both dated March 27, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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; telephone (425) 
227-2797; fax (425) 227-1149. 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

[[Page 45972]]

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

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2007-0125, dated May 4, 2007, and Airbus Service Bulletins 
A330-53-3170 and A340-53-4175, both dated March 27, 2007, for 
related information.

    Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-16111 Filed 8-15-07; 8:45 am]
BILLING CODE 4910-13-P