[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Proposed Rules]
[Pages 67110-67112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26914]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / 
Proposed Rules  

[[Page 67110]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1201; Directorate Identifier 2008-NM-007-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Airbus Model A310 series 
airplanes. The existing AD currently requires repetitive inspections of 
the fuselage skin to detect corrosion or fatigue cracking around and 
under the chafing plates of the wing root; repetitive inspections for 
fatigue cracking of frame 39, stringer 35; and corrective actions if 
necessary. The existing AD also provides for an optional terminating 
action for certain repetitive inspections, except for certain areas 
where corrosion was detected and reworked. This proposed AD would 
reduce the intervals for accomplishing repetitive inspections in a 
certain area. This proposed AD results from mandatory continuing 
airworthiness information originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. We are proposing this AD to detect and correct 
fatigue cracks and corrosion around and under the chafing plates of the 
wing root, which could result in reduced structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by December 15, 
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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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-2008-1201; 
Directorate Identifier 2008-NM-007-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 because of 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

    On June 29, 2004, we issued AD 2004-14-06, amendment 39-13715 (69 
FR 41401, July 9, 2004), for certain Airbus Model A310 series 
airplanes. That AD requires repetitive inspections of the fuselage skin 
to detect corrosion or fatigue cracking around and under the chafing 
plates of the wing root; and corrective actions, if necessary. The 
existing AD also provides for an optional terminating action for 
repetitive inspections, except for certain areas where corrosion was 
detected and reworked. That AD resulted from reports of the presence of 
corrosion under the chafing plates and around the fasteners of the wing 
root between fuselage frames 36 and 39. We issued that AD to detect and 
correct fatigue cracks and corrosion around and under the chafing 
plates of the wing root, which could result in reduced structural 
integrity of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-14-06, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has informed us that, as a result of A310 extended 
service goal activities, the repetitive intervals for existing 
repetitive inspections in a certain area, as required by AD 2004-14-06, 
must be reduced to adequately address the identified unsafe condition.

Relevant Service Information

    Airbus has issued Revision 06 of Service Bulletin A310-53-2069, 
dated May 22, 2007 (AD 2004-14-06 refers to Airbus Service Bulletin 
A310-53-2069, Revision 1, dated September 19, 1995, through Revision 
05, dated November 12, 2002, as appropriate sources of service 
information for accomplishing the required inspections and corrective 
actions). The inspection and corrective actions procedures specified in 
Revision 06 are essentially identical to those specified in Revision 1 
through Revision 05. Revision 06 reduces the thresholds and repetitive 
intervals for the inspections that are required after corrosion has 
been found and reworked. The new thresholds range between 70

[[Page 67111]]

and 28,000 flight cycles or between 250 and 103,500 flight hours, 
whichever occurs first, depending on the depth of the rework. The new 
intervals range between 70 and 17,300 flight cycles or between 250 and 
63,900 flight hours, whichever occurs first. No additional work is 
required by Revision 06 for airplanes inspected in accordance with 
Revision 1 through Revision 05. Accomplishing the actions specified in 
the service information is intended to adequately address the unsafe 
condition. The EASA mandated Service Bulletin A310-53-2069, Revision 
06, and issued airworthiness directive 2007-0292, dated November 27, 
2007, to ensure the continued airworthiness of these airplanes in the 
European Union.

FAA's Determination and Requirements of the Proposed AD

    These airplanes are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2004-14-06 and would continue 
to require repetitive inspections of the fuselage skin to detect 
corrosion or fatigue cracking around and under the chafing plates of 
the wing root; repetitive inspections for fatigue cracking of frame 39, 
stringer 35; and corrective actions if necessary. This proposed AD also 
would continue to provide for an optional terminating action for 
certain repetitive inspections, except for certain areas where 
corrosion was detected and reworked. In addition, this proposed AD 
would reduce the intervals for accomplishing the repetitive inspections 
in a certain area.

Differences Between Proposed AD and Service Bulletin

    Revision 06 of Service Bulletin A310-53-2069 specifies to contact 
the manufacturer for thresholds and repeat intervals for inspections 
under certain conditions, but this proposed AD would require those 
intervals be approved by the FAA or the EASA (or its delegated agent). 
In light of the type of inspections that would be required to address 
the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this proposed 
AD, thresholds and repetitive intervals approved by the FAA or the EASA 
would be acceptable for compliance with this proposed AD.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2004-14-06. 
Since AD 2004-14-06 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2004-14-06             in this  proposed AD
------------------------------------------------------------------------
paragraph (a).............................  paragraph (f).
paragraph (b).............................  paragraph (g).
paragraph (c).............................  paragraph (h).
paragraph (d).............................  paragraph (i).
paragraph (e).............................  paragraph (j).
------------------------------------------------------------------------

Costs of Compliance

    This proposed AD would affect about 69 Model A310 series airplanes 
of U.S. registry.
    The actions that are required by AD 2004-14-06 and retained in this 
proposed AD take about 68 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $375,360, or $5,440 per airplane, 
per inspection cycle.

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 have 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 that the 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. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13715 (69 FR 41401, July 9, 2004) and adding the 
following new airworthiness directive (AD):

Airbus: Docket No. FAA-2008-1201; Directorate Identifier 2008-NM-
007-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
15, 2008.

Affected ADs

    (b) This AD supersedes AD 2004-14-06.

Applicability

    (c) This AD applies to Airbus Model A310 series airplanes, 
certificated in any category,

[[Page 67112]]

on which Airbus Modifications 8888 and 8889 have not been 
accomplished.

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information originated by an aviation authority of another country 
to identify and correct an unsafe condition on an aviation product. 
We are issuing this AD to detect and correct fatigue cracks and 
corrosion around and under the chafing plates of the wing root, 
which could result in reduced structural integrity of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 2004-14-06

Repetitive Inspections and Corrective Actions

    (f) Except as provided by paragraphs (g), (k), and (l) of this 
AD: Within 4 years since date of manufacture, or within 12 months 
after June 3, 1998 (the effective date of AD 98-09-20, amendment 39-
10501), whichever occurs later, perform an inspection to detect 
discrepancies around and under the chafing plates of the wing root, 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-53-2069, Revision 05, dated November 12, 2002; 
Revision 04, dated November 8, 2000; Revision 03, dated October 28, 
1997; Revision 2, dated September 23, 1996; or Revision 1, dated 
September 19, 1995. If any discrepancy is found, prior to further 
flight, accomplish follow-on corrective actions (i.e., removal of 
corrosion, corrosion protection, high frequency eddy current 
inspection, x-ray inspection), as applicable, in accordance with the 
applicable service bulletin. Repeat the inspections thereafter at 
the intervals specified in the applicable service bulletin. After 
August 13, 2004 (the effective date of AD 2004-14-06), repeat the 
inspections thereafter at the intervals specified in Revision 04 or 
Revision 05 of the service bulletin.
    (g) If any discrepancy is found during any inspection required 
by paragraph (f) of this AD, and Airbus Service Bulletin A310-53-
2069, Revision 06, dated May 22, 2007; Revision 05, dated November 
12, 2002; Revision 04, dated November 8, 2000; Revision 03, dated 
October 28, 1997; Revision 2, dated September 23, 1996; or Revision 
1, dated September 19, 1995; as applicable; specifies to contact 
Airbus for appropriate action: Prior to further flight, repair in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate. Where 
differences in the compliance times or corrective actions exist 
between the service bulletin and this AD, the AD prevails.

Optional Terminating Action

    (h) Except as provided by paragraph (i) of this AD: 
Accomplishment of the replacement of the stainless steel chafing 
plates with new chafing plates made of aluminum alloy, in accordance 
with Airbus Service Bulletin A310-53-2070, Revision 2, dated 
November 8, 2000; Revision 1, dated September 23, 1996; or the 
original issue, dated October 3, 1994; constitutes terminating 
action for the repetitive inspections required by paragraph (f) of 
this AD.

Continuation of Repetitive Inspections

    (i) Except as provided by paragraphs (k) and (l) of this AD: 
Within 30 days after August 13, 2004, do a review of the airplane 
maintenance records to determine if any corrosion was detected and 
reworked on the left and/or right side of frame 39, stringer 35, 
during the accomplishment of any corrective action or repair 
specified in paragraphs (f) or (g) of this AD. If any corrective 
action or repair has been accomplished in this area, perform an 
inspection for fatigue cracking of frame 39, stringer 35, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-53-2069, Revision 05, dated November 12, 2002; or 
Revision 04, dated November 8, 2000. Do the initial inspection at 
the threshold specified in Figure 1 of the service bulletin, or 
within 30 days after August 13, 2004, whichever is later. Repeat the 
inspection thereafter at the intervals specified in Figure 1 of the 
service bulletin. If any discrepancy is found, prior to further 
flight, accomplish the applicable follow-on corrective actions, in 
accordance with the Accomplishment Instructions of the service 
bulletin.

Submission of Information Not Required

    (j) Although the service bulletins referenced in this AD specify 
to submit information to the manufacturer, this AD does not include 
such a requirement.

New Actions Required by This AD

New Service Bulletin Revision

    (k) As of the effective date of this AD, use only the 
Accomplishment Instructions of Airbus Service Bulletin A310-53-2069, 
Revision 06, dated May 22, 2007, to do the inspections and 
corrective actions required by paragraphs (f) and (i) of this AD.

Repetitive Inspections at Frame FR39, Stringer 35 at Reduced Intervals

    (l) As of the effective date of this AD, if any corrosion is 
found at frame FR39, stringer 35, during any inspection required by 
this AD, do the repetitive inspections required by paragraphs (f) 
and (i) of this AD, as applicable, at the earlier of the times 
specified in paragraphs (l)(1) and (l)(2) of this AD. Repeat the 
inspections thereafter at intervals specified in Figure 1, Sheets 4 
and 5, of Airbus Service Bulletin A310-53-2069, Revision 06, dated 
May 22, 2007, except as provided by paragraph (m) of this AD.
    (1) At the next specified repeat interval specified in paragraph 
(f) of this AD.
    (2) At the later of the times specified in paragraphs (l)(2)(i) 
and (l)(2)(ii) of this AD, except as provided by paragraph (m) of 
this AD.
    (i) At the applicable threshold specified in Figure 1, Sheets 4 
and 5, of Airbus Service Bulletin A310-53-2069, Revision 06, dated 
May 22, 2007.
    (ii) Within 900 flight cycles or 1,800 flight hours after the 
effective date of this AD, whichever occurs first.
    (m) Where Figure 1, Sheets 4 and 5, of Airbus Service Bulletin 
A310-53-2069, Revision 06, dated May 22, 2007, specifies to contact 
Airbus, do the inspections at threshold and repeat intervals 
approved by either the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (n) 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.

Related Information

    (o) European Aviation Safety Agency (EASA) airworthiness 
directive 2007-0292, dated November 27, 2007, also addresses the 
subject of this AD.

    Issued in Renton, Washington, on November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-26914 Filed 11-12-08; 8:45 am]
BILLING CODE 4910-13-P