[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Proposed Rules]
[Pages 55108-55111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19258]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29334; Directorate Identifier 2006-NM-268-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 Airplanes and 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:

    All permanent fuselage skin * * * and lap joint doubler * * * 
repair principles published in the SRM (Structural Repair Manual) * 
* * have been replaced with Oct/05 Revision by updated, simplified 
and harmonized repair principles.
    These updates led to the de-validation of some repairs and to 
reassess the repair inspection requirements. This situation if not 
corrected, can affect the aircraft structural integrity with a 
possible risk of decompression.

    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 October 29, 
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-

[[Page 55109]]

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 Rulemaking 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:

Streamlined Issuance of AD

    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 follow 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 proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-
29334; Directorate Identifier 2006-NM-268-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 Directives 2006-0332 and 2006-0333, both dated October 
27, 2006 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    A review of the repair substantiations of the SRM (Structural 
Repair Manual) has been done to take into account the latest 
aircraft operational data (Aircraft Weight Variant and Fatigue 
Flight Mission Profiles). As a result, all permanent fuselage skin 
(Figure 202-210/213-214) and lap joint doubler (Figure 215-216) 
repair principles published in the SRM chapter 53-00-11, Page Block 
201 have been replaced with Oct/05 Revision by updated, simplified 
and harmonized repair principles.
    These updates led to the de-validation of some repairs and to 
reassess the repair inspection requirements. This situation if not 
corrected, can affect the aircraft structural integrity with a 
possible risk of decompression.
    In order to maintain the structural integrity, this 
Airworthiness Directive (AD) renders mandatory the inspection of the 
fuselage to identify possible permanent skin repairs and permanent 
longitudinal lap joint repairs and to apply the associated 
corrective actions.

    The corrective actions include contacting Airbus for repair/
inspection instructions, and repair, as applicable, for skin repairs or 
longitudinal lap joint repairs that were done in accordance with the 
repair principles in SRM chapter 53-00-11, Page Block 201, before 
October 2005, or repairs that were done without using an individual 
repair design approval sheet provided by Airbus. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A330-53-3161, dated April 14, 
2006; A330-53-3162, dated April 6, 2006; and Service Bulletins A340-53-
4166 and A340-53-4167, both dated April 6, 2006. 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 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 9 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 $6,480, or $720 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

[[Page 55110]]

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-2007-29334; Directorate Identifier 2006-NM-
268-AD.

Comments Due Date

    (a) We must receive comments by October 29, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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; all certified models, all 
serial numbers; certificated in any category; except those on which 
Airbus Modification 49144 (install rudder fly by wire) has been 
embodied in production.

Subject

    (d) Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A review of the repair substantiations of the SRM (Structural 
Repair Manual) has been done to take into account the latest 
aircraft operational data (Aircraft Weight Variant and Fatigue 
Flight Mission Profiles). As a result, all permanent fuselage skin 
(Figure 202-210/213-214) and lap joint doubler (Figure 215-216) 
repair principles published in the SRM chapter 53-00-11, Page Block 
201 have been replaced with Oct/05 Revision by updated, simplified 
and harmonized repair principles.
    These updates led to the de-validation of some repairs and to 
reassess the repair inspection requirements. This situation if not 
corrected, can affect the aircraft structural integrity with a 
possible risk of decompression.
    In order to maintain the structural integrity, this 
Airworthiness Directive (AD) renders mandatory the inspection of the 
fuselage to identify possible permanent skin repairs and permanent 
longitudinal lap joint repairs and to apply the associated 
corrective actions.
    The corrective actions include contacting Airbus for repair/
inspection instructions, and repair, as applicable, for skin repairs 
or longitudinal lap joint repairs that were done in accordance with 
the repair principles in SRM chapter 53-00-11, Page Block 201, 
before October 2005, or repairs that were done without using an 
individual repair design approval sheet provided by Airbus.

Actions and Compliance

    (f) Within 18 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) For airplanes with Weight Variant (WV) greater than WV 004 
and lower than or equal to WV 027 (for Model A330 airplanes) or WV 
029 (for Model A340-200 and -300 series airplanes): Do the actions 
specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Perform a detailed visual inspection of the fuselage outer 
skin for permanent skin repairs in the area between frame (FR) 54 
and FR 58; and for permanent longitudinal lap joint repairs in the 
area between FR 53.3 and FR 58 (for Section 15, between FR 53.3 and 
FR 54, only in the area between stringer (STGR) 22LH (left-hand) and 
STGR 22RH (right-hand) upper shell); and as applicable, apply the 
corrective actions before further flight. Perform the actions in 
accordance with the instructions given in Airbus Service Bulletin 
A330-53-3161, dated April 14, 2006; or A340-53-4166, dated April 6, 
2006; as applicable.
    (ii) Perform a detailed visual inspection of the fuselage outer 
skin for permanent skin repairs in the area between FR 18 and FR 38, 
and between FR 58 and FR 91; and for permanent longitudinal lap 
joint repairs in the area between FR 18 and FR 53.3, and between FR 
58 and FR 91 (for Section 15, between FR 39 and FR 53.3, only in the 
area between STGR 22LH (left-hand) and STGR 22RH (right-hand) upper 
shell); and as applicable, apply the corrective actions before 
further flight. Perform the actions in accordance with the 
instructions given in Airbus Service Bulletin A330-53-3162 or A340-
53-4167, both dated April 6, 2006, as applicable.
    (2) For airplanes with WV lower than or equal to WV 004: Perform 
a detailed visual inspection of the fuselage outer skin for 
permanent skin repairs in the area between FR 18 and FR 38, and 
between FR 54 and FR 91; and for permanent longitudinal lap joint 
repairs in the area between FR 18 and FR 91 (for Section 15, between 
FR 39 and FR 54, only in the area between STGR 22LH and STGR 22RH 
upper shell); and as applicable, apply the corrective actions before 
further flight. Perform the actions in accordance with the 
instructions given in Airbus Service Bulletin A330-53-3162 or A340-
53-4167, both dated April 6, 2006, as applicable.

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, 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, 
Transport Airplane Directorate, FAA, 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 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 EASA Airworthiness Directives 2006-0332 and 
2006-0333, both

[[Page 55111]]

dated October 27, 2006; and Airbus Service Bulletins A330-53-3161, 
dated April 14, 2006; A330-53-3162, dated April 6, 2006; and A340-
53-4166 and A340-53-4167, both dated April 6, 2006; for related 
information.

    Issued in Renton, Washington, on September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-19258 Filed 9-27-07; 8:45 am]
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