[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Proposed Rules]
[Pages 10199-10202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5062]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0211; Directorate Identifier 2008-NM-028-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
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:
* * * * *
    [B]ogie beam internal paint has been degraded, leading to a loss 
of cadmium plating and thus allowing development of corrosion 
pitting.
    If not corrected, this situation under higher speed could result 
in the aircraft departing the runway or in the bogie [beam] 
detaching from the aircraft or [main landing] gear collapses, which 
would constitute an unsafe condition.
* * * * *
    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 9, 2009.

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.,

[[Page 10200]]

Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. For Airbus service information identified in 
this proposed AD, contact Airbus SAS--Airworthiness Office--EAL, 1 Rond 
Point Maurice Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 45 
80, e-mail [email protected]; Internet http://www.airbus.com. For Messier-Dowty service information identified in 
this proposed AD, contact Messier Services Americas, Customer Support 
Center, 45360 Severn Way, Sterling, Virginia 20166-8910; telephone 703-
450-8233; fax 703-404-1621; Internet https://techpubs.services.messier-dowty.com. You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington. For information on the availability of this 
material at the FAA, call 425-227-1221 or 425-227-1152.

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-2009-0211; 
Directorate Identifier 2008-NM-028-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 2008-0093, dated May 20, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The operator of an A330 aircraft (which has a common bogie beam 
with the A340) has reported a fracture of the RH (right-hand) MLG 
(main landing gear) Bogie Beam whilst turning during low speed taxi 
maneuvers. The bogie [beam] fractured aft of the pivot point and 
remained attached to the sliding tube by the brake torque reaction 
rods. After this RH bogie [beam] failure, the aircraft continued for 
approximately 40 meters on the forks of the sliding member before 
coming to rest on the taxiway without any passenger injury.
    The preliminary investigations revealed that this event was due 
to corrosion pitting occurring on the bore of the bogie beam. 
Investigations are ongoing to determine why bogie beam internal 
paint has been degraded, leading to a loss of cadmium plating and 
thus allowing development of corrosion pitting.
    If not corrected, this situation under higher speed could result 
in the aircraft departing the runway or in the bogie [beam] 
detaching from the aircraft or [main landing] gear collapses, which 
would constitute an unsafe condition.
    To enable early detection and repair of any corrosion of the 
internal surfaces, EASA AD 2007-0314 required a one-time inspection 
on all MLG Bogie Beams except Enhanced MLG Bogie Beams and the 
reporting of the results to AIRBUS.
    The Revision 1 of AD 2007-0314 aimed to clarify the compliance 
time of the inspection and to extend the reporting period.
    The present AD which supersedes the AD 2007-0314R1:

--Takes over the AD 2007-0314R1 requirements and
--Reduces the inspection threshold from 6 to 4.5 years due to 
significant findings on the inspected aircraft.

Required actions include applying protective treatments to the bogie 
beam and corrective actions. Corrective actions include repair of any 
damaged or corroded surfaces or surface treatments; and contacting 
Messier-Dowty for repair instructions and doing the repair. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus and Messier-Dowty have issued the service information 
described in the following table. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

                           Service Information
------------------------------------------------------------------------
           Service Bulletin                           Date
------------------------------------------------------------------------
Airbus Mandatory Service Bulletin      November 21, 2007.
 A330-32-3225, including Appendix 01.
Airbus Mandatory Service Bulletin      November 21, 2007.
 A340-32-4268, including Appendix 01.
Messier-Dowty Service Bulletin A33/34- September 13, 2007.
 32-271, including Appendix A.
Messier-Dowty Service Bulletin A33/34- November 16, 2007.
 32-272, including Appendixes A, B,
 C, and D.
------------------------------------------------------------------------

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

[[Page 10201]]

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 29 products of U.S. registry. We also estimate that 
it would take about 22 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $51,040, or $1,760 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, Incorporation by 
reference, 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-2009-0211; Directorate Identifier 2008-NM-
028-AD.

Comments Due Date

    (a) We must receive comments by April 9, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A330-300, A340-
200, and A340-300 series airplanes; certificated in any category; 
all certified models; all serial numbers, except those on which 
Airbus modification 54500 has been embodied in production or Airbus 
Service Bulletin A330-32-3212 has been embodied in service.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

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

    ``The operator of an A330 aircraft (which has a common bogie 
beam with the A340) has reported a fracture of the RH (right-hand) 
MLG (main landing gear) Bogie Beam whilst turning during low speed 
taxi maneuvers. The bogie [beam] fractured aft of the pivot point 
and remained attached to the sliding tube by the brake torque 
reaction rods. After this RH bogie [beam] failure, the aircraft 
continued for approximately 40 meters on the forks of the sliding 
member before coming to rest on the taxiway without any passenger 
injury.
    ``The preliminary investigations revealed that this event was 
due to corrosion pitting occurring on the bore of the bogie beam. 
Investigations are ongoing to determine why bogie beam internal 
paint has been degraded, leading to a loss of cadmium plating and 
thus allowing development of corrosion pitting.
    ``If not corrected, this situation under higher speed could 
result in the aircraft departing the runway or in the bogie [beam] 
detaching from the aircraft or [main landing] gear collapses, which 
would constitute an unsafe condition.
    ``To enable early detection and repair of any corrosion of the 
internal surfaces, EASA AD 2007-0314 required a one-time inspection 
on all MLG Bogie Beams except Enhanced MLG Bogie Beams and the 
reporting of the results to AIRBUS.
    ``The Revision 1 of AD 2007-0314 aimed to clarify the compliance 
time of the inspection and to extend the reporting period.
    ``The present AD which supersedes the AD 2007-0314R1:
--Takes over the AD 2007-0314R1 requirements and
--Reduces the inspection threshold from 6 to 4.5 years due to 
significant findings on the inspected aircraft.''

Required actions include applying protective treatments to the bogie 
beam and corrective actions. Corrective actions include repair of 
any damaged or corroded surfaces or surface treatments; and 
contacting Messier-Dowty for repair instructions and doing the 
repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable compliance time specified in paragraph 
(f)(2) or (f)(3) of this AD: Clean the internal bore and perform a 
detailed visual inspection of internal surfaces of the MLG bogie 
beam (right-hand and left-hand) for any damage to the protective 
treatments or any corrosion, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-32-3225 or 
A340-32-4268, both dated November 21, 2007; as applicable.
    (i) If no damage and corrosion is found, before further flight, 
apply the protective treatments of the bogie beam, in accordance 
with the Accomplishment Instructions of Messier-Dowty Service 
Bulletin A33/34-32-272, including Appendixes A, B, C, and D, dated 
November 16, 2007.
    (ii) If any damage or corrosion is found, before further flight, 
do all applicable corrective actions and apply the protective 
treatments of the bogie beam, in accordance with the Accomplishment 
Instructions of Messier-Dowty Service Bulletin A33/34-32-272, 
including Appendixes A, B, C, and D, dated November 16, 2007.
    (2) For airplanes with 54 months or less time-in-service since 
the date of issuance of the original French airworthiness 
certificate or the date of issuance of the original French export 
certificate of airworthiness as of the effective date of this AD: At 
the latest of the applicable times specified in paragraphs 
(f)(2)(i), (f)(2)(ii), and (f)(2)(iii) of this AD, do the actions 
required by paragraph (f)(1) of this AD.
    (i) Not before 54 months since the date of issuance of the 
original French airworthiness certificate or the date of issuance of 
the original French export certificate of airworthiness, but no 
later than 72 months since the date of issuance of the original 
French airworthiness certificate or the date of issuance of the 
original French export certificate of airworthiness.
    (ii) Not before 54 months since the installation of a new bogie 
beam in-service

[[Page 10202]]

before the effective date of this AD, but no later than 72 months 
since the installation of a new bogie beam in-service before the 
effective date of this AD.
    (iii) Not before 54 months since the last overhaul of a bogie 
beam before the effective date of this AD, but no later than 72 
months since the last overhaul of a bogie beam before the effective 
date of this AD.
    (3) For airplanes with more than 54 months time-in-service since 
the date of issuance of the original French airworthiness 
certificate or the date of issuance of the original French export 
certificate of airworthiness as of the effective date of this AD: At 
the applicable time specified in paragraph (f)(3)(i), (f)(3)(ii), 
(f)(3)(iii), (f)(3)(iv), or (f)(3)(v) of this AD, do the actions 
required by paragraph (f)(1) of this AD.
    (i) For airplanes on which the bogie beam has not been replaced 
or overhauled since the date of issuance of the original French 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness as of the effective date 
of this AD: Within 18 months after the effective date of this AD.
    (ii) For airplanes on which the bogie beam has been replaced in-
service with a new bogie beam and the new bogie beam has more than 
54 months time-in-service as of the effective date of this AD: 
Within 18 months after the effective date of this AD.
    (iii) For airplanes on which the bogie beam has been replaced 
in-service with a new bogie beam and the new bogie beam has 54 
months or less time-in-service as of the effective date of this AD: 
Not before 54 months since the installation of a new bogie beam in-
service before the effective date of this AD, but no later than 72 
months since the installation of a new bogie beam in-service before 
the effective date of this AD.
    (iv) For airplanes on which the bogie beam has been overhauled 
and the overhauled bogie beam has more than 54 months time-in-
service as of the effective date of this AD: Within 18 months after 
the effective date of this AD, or at the next scheduled bogie beam 
overhaul, whichever occurs first.
    (v) For airplanes on which the bogie beam has been overhauled 
and the overhauled bogie beam has 54 months or less time-in-service 
as of the effective date of this AD: Not before 54 months since the 
last overhaul of a bogie beam before the effective date of this AD, 
but no later than 72 months since the last overhaul of a bogie beam 
before the effective date of this AD.
    (4) Within 30 days after accomplishment of the inspection 
required by paragraph (f)(1) of this AD or within 30 days after the 
effective date of this AD, whichever occurs later, report the 
results, including no findings, to Airbus, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; e-mail [email protected].
    (5) Actions accomplished in accordance with Messier-Dowty 
Service Bulletin A33/34-32-271, including Appendix A, dated 
September 13, 2007, are considered acceptable for compliance with 
the corresponding requirements of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI specifies repair and corrective actions in 
accordance with Airbus Mandatory Service Bulletin A330-32-3225 or 
A340-32-4268, both dated November 21, 2007; however, the Airbus 
service bulletins do not describe those actions. Paragraphs 
(f)(1)(i) and (f)(1)(ii) of this AD specify repair and corrective 
actions in accordance with Messier-Dowty Service Bulletin A33/34-32-
272, including Appendixes A, B, C, and D, dated November 16, 2007.

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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0093, dated May 20, 2008, and the 
service bulletins specified in Table 1 of this AD, for related 
information.

                      Table 1--Service Information
------------------------------------------------------------------------
           Service Bulletin                           Date
------------------------------------------------------------------------
Airbus Mandatory Service Bulletin      November 21, 2007.
 A330-32-3225, including Appendix 01.
Airbus Mandatory Service Bulletin      November 21, 2007.
 A340-32-4268, including Appendix 01.
Messier-Dowty Service Bulletin A33/34- September 13, 2007.
 32-271, including Appendix A.
Messier-Dowty Service Bulletin A33/34- November 16, 2007.
 32-272, including Appendixes A, B,
 C, and D.
------------------------------------------------------------------------


    Issued in Renton, Washington, on February 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-5062 Filed 3-9-09; 8:45 am]
BILLING CODE 4910-13-P