[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Proposed Rules]
[Pages 35603-35606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14192]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0667; Directorate Identifier 2008-NM-009-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, 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, damages were found 
in longitudinal doubler

[[Page 35604]]

at VTP (vertical tail plane) attachment cutout between Frame (FR) 80 
and FR86. This damage occurred between 58341 and 72891 simulated 
flight cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
doubler thickness) [of the] A330-200/-300 and A340-300 aircraft 
series, the damage assessment concluded [there was] potential impact 
on [the airplanes specified in the] applicability.
* * * * *
The unsafe condition is crack propagation in the VTP attachment cutout, 
which could reduce airplane structural integrity in the tail section. 
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 July 24, 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-2008-0667; 
Directorate Identifier 2008-NM-009-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 2007-0284, dated November 12, 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, damages were found 
in longitudinal doubler at VTP (vertical tail plane) attachment 
cutout between Frame (FR) 80 and FR86. This damage occurred between 
58341 and 72891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
doubler thickness) [of the] A330-200/-300 and A340-300 aircraft 
series, the damage assessment concluded [there was] potential impact 
on [the airplanes specified in the] applicability.
    [T]o allow early detection of cracks, which could [prevent] 
possible crack propagation and consequently maintain the structural 
integrity of the upper shell structure between FR80 and FR86, this 
Airworthiness Directive (AD) mandates an inspection program [for 
cracking] of this area using a high frequency eddy current (HFEC) 
method, and a modification to improve the upper shell structure.

The unsafe condition is crack propagation in the VTP attachment cutout, 
which could reduce airplane structural integrity in the tail section. 
Corrective actions include doing eddy current inspections for cracking 
of certain fastener rows, and contacting Airbus for repair instructions 
and repairing. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Airbus has issued the service bulletins specified in the following 
table. The compliance times in paragraph 1.E.(2) of the service 
bulletins range from 14,200 total flight cycles through 27,900 total 
flight cycles (for the initial inspection); from 1,700 flight cycles or 
11,900 flight hours, whichever occurs first, through 4,600 flight 
cycles or 14,000 flight hours, whichever occurs first (for the 
repetitive inspection intervals); and from 10,700 total flight cycles 
through 14,200 total flight cycles (for the modification); depending 
upon airplane model and weight variant. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

                       Airbus Service Information
------------------------------------------------------------------------
             Service Bulletin                           Date
------------------------------------------------------------------------
A330-53-3159..............................  September 19, 2007.
A330-53-3160..............................  July 9, 2007.
A330-53-3168..............................  September 19, 2007.
A340-53-4165..............................  September 19, 2007.
A340-53-4172..............................  July 10, 2007.
A340-53-4174..............................  September 19, 2007.
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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 26 products of U.S. registry. We also estimate that 
it would take about 202 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required

[[Page 35605]]

parts would cost about $19,020 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 $914,680, 
or $35,180 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-2008-0667; Directorate Identifier 2008-NM-
009-AD.

Comments Due Date

    (a) We must receive comments by July 24, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A330-300, 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.

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, damages were found 
in longitudinal doubler at VTP (vertical tail plane) attachment 
cutout between Frame (FR) 80 and FR86. This damage occurred between 
58341 and 72891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
doubler thickness) [of the] A330-200/-300 and A340-300 aircraft 
series, the damage assessment concluded [there was] potential impact 
on [the airplanes specified in the] applicability.
    [T]o allow early detection of cracks, which could [prevent] 
possible crack propagation and consequently maintain the structural 
integrity of the upper shell structure between FR80 and FR86, this 
Airworthiness Directive (AD) mandates an inspection program [for 
cracking] of this area using a high frequency eddy current (HFEC) 
method, and a modification to improve the upper shell structure.

The unsafe condition is crack propagation in the VTP attachment 
cutout, which could reduce airplane structural integrity in the tail 
section. Corrective actions include doing eddy current inspections 
for cracking of certain fastener rows, and contacting Airbus for 
repair instructions and repairing.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Airbus Model A330-300 and A340-300 series airplanes, 
except Model A340-300 weight variant (WV) 027 airplanes: At the 
applicable compliance time specified in paragraph (f)(2) of this AD, 
perform a HFEC inspection of the upper shell structure between FR80 
and FR86, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-53-3168 or A340-53-4174, both dated 
September 19, 2007, as applicable.
    (i) If no crack is detected, repeat the inspection thereafter 
within the intervals specified in paragraph 1.E.(2) of Airbus 
Service Bulletin A330-57-3168 or A340-53-4174, as applicable.
    (ii) If any crack is detected during any inspection required by 
this AD: Before next flight, contact Airbus for repair instructions 
and do applicable repairs.
    (iii) Doing the modification of the upper shell structure in 
accordance with Airbus Service Bulletin A330-53-3159 or Airbus 
Service Bulletin A340-53-4165, both dated September 19, 2007, as 
applicable, ends the inspections required by paragraph (f)(1) of 
this AD.
    (2) Do the actions required by paragraph (f)(1) of this AD at 
the later of the compliance times specified in paragraph (f)(2)(i) 
and (f)(2)(ii) of this AD.
    (i) Within the compliance times specified in paragraph 1.E.(2) 
of Airbus Service Bulletin A330-53-3168 or A340-53-4174, both dated 
September 19, 2007, as applicable.
    (ii) Within 3 months after the effective date of this AD.
    (3) At the applicable time specified in paragraphs (f)(3)(i), 
(f)(3)(ii), and (f)(3)(iii) of this AD or within 3 months after the 
effective date of this AD, whichever occurs later, modify the upper 
shell structure between FR80 and FR86 (including doing eddy current 
inspections for cracking of certain fastener rows and applicable 
corrective actions) in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-53-3160, dated July 9, 
2007, or Airbus Service Bulletin A340-53-4172, dated July 10, 2007, 
as applicable. Do all applicable corrective actions before further 
flight.
    (i) For Model A330-200 airplanes, WV 020 through WV 027: Prior 
to the accumulation of 13,500 total flight cycles.
    (ii) For Model A330-200 airplanes, WV 050 through WV 055: Prior 
to the accumulation of 10,700 total flight cycles or 59,300 total 
flight hours, whichever occurs first.
    (iii) For Model A340-300 airplanes, WV 027: Prior to the 
accumulation of 14,200 total flight cycles.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI allows further flight after cracks are 
found during compliance with the required action, this AD requires 
that you repair the crack(s) before further flight.


[[Page 35606]]



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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0284, dated November 12, 2007, and the 
service bulletins specified in Table 1 of this AD, for related 
information.

                      Table 1.--Service Information
------------------------------------------------------------------------
         Airbus Service  Bulletin                       Date
------------------------------------------------------------------------
A330-53-3159..............................  September 19, 2007.
A330-53-3160..............................  July 9, 2007.
A330-53-3168..............................  September 19, 2007.
A340-53-4165..............................  September 19, 2007.
A340-53-4172..............................  July 10, 2007.
A340-53-4174..............................  September 19, 2007.
------------------------------------------------------------------------


    Issued in Renton, Washington, on June 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14192 Filed 6-23-08; 8:45 am]
BILLING CODE 4910-13-P