[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11540-11542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3813]



[[Page 11540]]

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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; 
Amendment 39-15398; AD 2008-05-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 Airplanes and 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:

    [A]ll 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.

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

DATES: This AD becomes effective April 8, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 8, 
2008.

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 September 28, 2007 
(72 FR 55108). That NPRM proposed 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 Airbus A330 or A340-200/300 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.

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 9 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 $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 
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.

[[Page 11541]]

    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:

2008-05-04 Airbus: Amendment 39-15398. Docket No. FAA-2007-29334; 
Directorate Identifier 2006-NM-268-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 8, 
2008.

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 Airbus A330 or A340-200/300 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 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.
    (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 dated October 27, 2006; and the Airbus service 
bulletins identified in Table 1 of this AD, for related information.

                      Table 1.--Service Information
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        Airbus Service Bulletin                        Date
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A330-53-3161...........................  April 14, 2006.
A330-53-3162...........................  April 6, 2006.
A340-53-4166...........................  April 6, 2006.
A340-53-4167...........................  April 6, 2006.
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Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 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

[[Page 11542]]

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 2.--Material Incorporated by Reference
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        Airbus Service Bulletin                        Date
------------------------------------------------------------------------
A330-53-3161...........................  April 14, 2006.
A330-53-3162...........................  April 6, 2006.
A340-53-4166...........................  April 6, 2006.
A340-53-4167...........................  April 6, 2006.
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    Issued in Renton, Washington, on February 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-3813 Filed 3-3-08; 8:45 am]
BILLING CODE 4910-13-P