[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Rules and Regulations]
[Pages 62566-62568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21686]


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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; 
Amendment 39-15248; AD 2007-23-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300 Series 
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) 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.


[[Page 62567]]


    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.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 11, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 11, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.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

    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 August 16, 2007 (72 
FR 45970). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

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 4 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the 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 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 this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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:


[[Page 62568]]


2007-23-02 Airbus: Amendment 39-15248. Docket No. FAA-2007-28925; 
Directorate Identifier 2007-NM-123-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
11, 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 manufacturer's 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, ANM-116, 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 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.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.
    (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.

              Table 1.--Material Incorporated by Reference
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               Airbus Service Bulletin                       Date
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A330-53-3170, excluding Appendix 01.................     March 27, 2007.
A340-53-4175, excluding Appendix 01.................     March 27, 2007.
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    Issued in Renton, Washington, on October 27, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E7-21686 Filed 11-5-07; 8:45 am]
BILLING CODE 4910-13-P