[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40958-40960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15708]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0232; Directorate Identifier 2007-NM-309-AD; 
Amendment 39-15612; AD 2008-14-17]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and A340-300 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: This AD becomes effective August 21, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 21, 
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: 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: 

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 March 3, 2008 (73 FR 
11364). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Remove Reference to Modification

    Air Transport Association (ATA) on behalf of its member Northwest 
Airlines (NWA), requests that we remove the reference to Airbus 
Modification (Mod.) 44205 from paragraph (c), ``Applicability,'' of the 
NPRM. The commenters explain that Mod. 44205 defines common structure 
for Section 19. Mod. 45012, which is in paragraph (f)(1) of the NPRM, 
modifies the Section 19 upper side shell on A330-200 series airplanes.
    We disagree. Cracks can develop on this area of Section 19 that 
affect basic airplanes fitted with the same features (i.e., post-Mod. 
44205). For Model A340-300 series airplanes, Mod. 45012 addresses the 
unsafe condition. Therefore, only Model A340-300 series airplanes on 
which both Mod. 44205 and 45012 have been done in production are 
exempt. Analysis further to these findings established that cracking 
would also affect airplanes post-Mod. 45012 on Model A330-200 series 
airplanes. The mandated action separates pre- or post-Mod. 45012, as 
specified in paragraphs (f)(1) and (f)(2) of this AD. We have made no 
change to the AD in this regard.

Request To Exclude Certain Airplanes

    The same commenters request that we exclude from paragraph (f)(1) 
and Table 1 of the NPRM airplanes that have Mod. 52974 or 53223 
embodied. The commenters explain that paragraph (c) excludes these 
airplanes, but paragraph (f)(1) and Table 1 do not exclude them. 
Without the exclusion, four more NWA airplanes are affected by the AD.
    We disagree. Paragraph (f)(1), which includes Table 1, refers to 
paragraph (c) where the two modifications are listed as exclusions. 
There is no need to exclude the airplanes again in paragraph (f)(1) or 
Table 1 of the AD. We have made no change to the AD in this regard.

Request To Move ``Before Further Flight'' Requirement

    The same commenters request that we move the requirement to ``Do 
all applicable corrective actions before further flight'' from 
paragraph (f)(1) of the NPRM to the ``Threshold'' column of Table 1 of 
the NPRM. The commenters explain that moving this statement would make 
it clear that corrective action is required at the time of the mandated 
inspection thresholds and not before.
    We disagree. Paragraph (f)(1)(i) of this AD, which includes Table 
1, gives thresholds for doing the HFEC inspection. Paragraph (f)(1)(ii) 
of this AD also gives a possible threshold for the HFEC inspection. The 
requirement is to do the applicable corrective actions before further 
flight. We have made no change to the AD in this regard.

Conclusion

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

[[Page 40959]]

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 7 products of U.S. 
registry. We also estimate that it will take about 601 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will 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 this AD on the 
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 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:

2008-14-17 Airbus: Amendment 39-15612. Docket No. FAA-2008-0232; 
Directorate Identifier 2007-NM-309-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
21, 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 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.

[[Page 40960]]



     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 Airbus Service Bulletin A340-53-4163, both dated July 5, 
2006, as applicable.
    (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 European Aviation Safety Agency (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.

Material Incorporated by Reference

    (i) You must use the applicable service information specified in 
Table 3 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 3.--Material Incorporated by Reference
------------------------------------------------------------------------
          Service Bulletin                           Date
------------------------------------------------------------------------
Airbus Service Bulletin A330-53-3152  April 10, 2007.
Airbus Service Bulletin A330-53-3157  July 5, 2006.
Airbus Service Bulletin A340-53-4163  July 5, 2006.
------------------------------------------------------------------------


    Issued in Renton, Washington, on June 27, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-15708 Filed 7-16-08; 8:45 am]
BILLING CODE 4910-13-P