[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Proposed Rules]
[Pages 11364-11366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3969]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0232; Directorate Identifier 2007-NM-309-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and A340-300 
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 fatigue tests (EF3) on the A340-600, multiple damage were 
found in the upper side shell structure at skin and frame (FR) 84 & 
85 interface, from stringer 6 to 15 LH/RH. This damage occurred 
between 58,341 and 72,891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
skin thickness) for A330-200 and A340-300 aircraft series, the 
damage assessment concluded on [a] potential impact on these 
aircraft series.
* * * * *
    The unsafe condition is loss of integrity of the upper shell 
structure of the fuselage. 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 April 2, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1138; 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-2008-0232; 
Directorate Identifier 2007-NM-309-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://www.regulations.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 2007-0269R1, dated October 15, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During fatigue tests (EF3) on the A340-600, multiple damage were 
found in the upper side shell structure at skin and frame (FR) 84 & 
85 interface, from stringer 6 to 15 LH/RH. This damage occurred 
between 58,341 and 72,891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
skin thickness) for A330-200 and A340-300 aircraft series, the 
damage assessment concluded on [a] potential impact on these 
aircraft series.
    In order to allow early detection of cracks which could avoid 
possible crack propagation and consequently to maintain the 
structural integrity of the upper side shell structure between FR84 
and FR87, this Airworthiness Directive (AD) mandates an inspection 
program of this area [for cracking] using a high frequency eddy 
current (HFEC) method and a modification to improve the upper shell 
structure.
    This Revision 1 is issued to clarify that this AD is not 
applicable to aircraft A340-300 series on which both AIRBUS 
modifications 44205 and 45012 have been embodied in production.

The unsafe condition is loss of integrity of the upper shell structure 
of the fuselage between FR84 and FR87. Corrective actions include 
contacting Airbus and repairing any crack. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A330-53-3152, dated April 10, 
2007;

[[Page 11365]]

Service Bulletin A330-53-3157, dated July 5, 2006; and Service Bulletin 
A340-53-4163, dated July 5, 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 7 products of U.S. registry. We also estimate that 
it would take about 601 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $52,160 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 
costs. 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 the proposed AD on U.S. operators to 
be $701,680, or $100,240 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-2008-0232; Directorate Identifier 2007-NM-
309-AD.

Comments Due Date

    (a) We must receive comments by April 2, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200 and A340-300 series 
airplanes, certificated in any category, all certified models; all 
serial numbers on which Airbus Modification 44205 has been embodied 
in production, except those on which Airbus Modification 52974 or 
53223 has been embodied in production. This AD is not applicable to 
Model A340-300 series airplanes on which both Modifications 44205 
and 45012 have been embodied in production.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During fatigue tests (EF3) on the A340-600, multiple damage were 
found in the upper side shell structure at skin and frame (FR) 84 & 
85 interface, from stringer 6 to 15 LH/RH. This damage occurred 
between 58,341 and 72,891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
skin thickness) for A330-200 and A340-300 aircraft series, the 
damage assessment concluded on [a] potential impact on these 
aircraft series.
    In order to allow early detection of cracks which could avoid 
possible crack propagation and consequently to maintain the 
structural integrity of the upper side shell structure between FR84 
and FR87, this Airworthiness Directive (AD) mandates an inspection 
program of this area [for cracking] using a high frequency eddy 
current (HFEC) method and a modification to improve the upper shell 
structure.
    This Revision 1 is issued to clarify that this AD is not 
applicable to aircraft A340-300 series on which both AIRBUS 
modifications 44205 and 45012 have been embodied in production.

The unsafe condition is loss of integrity of the upper shell 
structure of the fuselage between FR84 and FR87. Corrective actions 
include contacting Airbus and repairing any crack.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Airbus Model A330-200 series airplanes, as identified in 
paragraph (c) of this AD, on which Modification 45012 has been 
embodied in production: At the later of the compliance times 
specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, do the 
HFEC inspection for cracking, and corrective actions as applicable; 
and modify the upper shell structure of the fuselage; in accordance 
with the Accomplishment Instructions of

[[Page 11366]]

Airbus Service Bulletin A330-53-3152, dated April 10, 2007. Do all 
applicable corrective actions before further flight.
    (i) Prior to the compliance time shown in Table 1 of this AD 
after the first flight of the airplane, depending on airplane 
configuration.

     Table 1.--Compliance Times for Model A330 Series Airplanes With
                       Modification 45012 Embodied
------------------------------------------------------------------------
         Airplane configuration                     Threshold
------------------------------------------------------------------------
Pre-modification 48827 (WV20 to WV27)..  25,400 total flight cycles.
Post-modification 48827 (WV50 to WV56).  17,100 total flight cycles or
                                          94,700 total flight hours,
                                          whichever occurs first.
------------------------------------------------------------------------

    (ii) Within 90 days after the effective date of this AD.
    (2) For Airbus Model A330-200 and A340-300 series airplanes as 
identified in paragraph (c) of this AD, on which Modification 45012 
has not been embodied in production: At the later of the compliance 
times specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, 
modify the upper shell structure of the fuselage in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A330-53-
3157 or Service Bulletin A340-53-4163, as applicable, both dated 
July 5, 2006.
    (i) Prior to the compliance time shown in Table 2 of this AD 
after the first flight of the airplane.

    Table 2.--Compliance Times for Model A330-200 and A340-300 Series
              Airplanes Without Modification 45012 Embodied
------------------------------------------------------------------------
          Airplane  series                         Threshold
------------------------------------------------------------------------
A330-200............................  6,600 total flight cycles.
A340-300............................  14,000 total flight cycles.
------------------------------------------------------------------------

    (ii) Within 90 days after the effective date of this AD.

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: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; 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 Directive 2007-0269R1, 
dated October 15, 2007, Airbus Service Bulletin A330-53-3152, dated 
April 10, 2007; Airbus Service Bulletin A330-53-3157, dated July 5, 
2006; and Airbus Service Bulletin A340-53-4163, dated July 5, 2006; 
for related information.

    Issued in Renton, Washington, on February 25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-3969 Filed 2-29-08; 8:45 am]
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