[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Proposed Rules]
[Pages 15401-15403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7642]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0309; Directorate Identifier 2008-NM-173-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:

    Several cases have been reported of in-flight loss of the drive 
strut fitting from the movable fairing of flap track No. 3. 
Consequently, the flap track No. 3 fairing was detached from its aft 
end, and found hanging. Investigations have shown that the 
detachment of the aft lower drive strut fitting from the fairing 
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss 
of the affected aircraft parts, potentially resulting in injuries to 
persons on the ground.

* * * * *
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 May 6, 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., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. For 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. 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) 227-1320.

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-2009-0309; 
Directorate Identifier 2008-NM-173-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 2008-0153, dated August 8, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several cases have been reported of in-flight loss of the drive 
strut fitting from the movable fairing of flap track No. 3. 
Consequently, the flap track No. 3 fairing was detached from its aft 
end, and found hanging. Investigations have shown that the 
detachment of the aft lower drive strut fitting from the fairing 
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss 
of the affected aircraft parts, potentially resulting in injuries to 
persons on the ground.
    For the reason described above, this AD requires the 
modification of the movable flap track fairing No. 3, both Left Hand 
(LH) and Right Hand (RH) side, and prohibits re-installation of 
unmodified units.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A330-57-3095, 
Revision 02, dated April 3, 2008; and A340-57-4103, Revision 01, dated 
April 3, 2008. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

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

[[Page 15402]]

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 35 products of U.S. registry. We also estimate that 
it would take about 19 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $647 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 $75,845, or $2,167 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-2009-0309; Directorate Identifier 2008-NM-
173-AD.

Comments Due Date

    (a) We must receive comments by May 6, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Airbus Models A330-201, -202, -203, -223, -243, -301, -302, 
-303, -321, -322, -323, -341, -342, and -343 airplanes, all 
manufacturer serial numbers (MSN), except those on which Airbus 
modification 55674 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
airplanes, all MSN, except those on which Airbus modification 55674 
has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

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

    Several cases have been reported of in-flight loss of the drive 
strut fitting from the movable fairing of flap track No. 3. 
Consequently, the flap track No. 3 fairing was detached from its aft 
end, and found hanging. Investigations have shown that the 
detachment of the aft lower drive strut fitting from the fairing 
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss 
of the affected aircraft parts, potentially resulting in injuries to 
persons on the ground.
    For the reason described above, this AD requires the 
modification of the movable flap track fairing No. 3, both Left Hand 
(LH) and Right Hand (RH) side, and prohibits re-installation of 
unmodified units.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 months after the effective date of this AD, modify 
the left- and right-hand movable flap track fairing No. 3, in 
accordance with Airbus Mandatory Service Bulletin A330-57-3095, 
Revision 02; or A340-57-4103, Revision 01; both dated April 3, 2008; 
as applicable.
    (2) Modifying the left- and right-hand movable flap track 
fairing No. 3 is also acceptable for compliance with the 
requirements of paragraph (f)(1) of this AD if done before the 
effective date of this AD in accordance with Airbus Mandatory 
Service Bulletin A330-57-3095, Revision 01; or A340-57-4103; both 
dated August 28, 2007; as applicable.
    (3) Installing a repaired left- and right-hand movable flap 
track fairing No. 3 using replacement of a damaged insert by 
through-bolts at the drive strut attachment fitting is acceptable 
for compliance with the requirements of paragraph (f)(1) of this AD 
if done before the effective date of this AD in accordance with the 
repair instructions specified in Chapter 57-56-11, page block 201, 
in one of the Airbus structural repair manuals listed in Table 1 of 
this AD, as applicable.

[[Page 15403]]



                   Table 1--Structural Repair Manuals
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           Document                Revision               Date
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Airbus A330 Structural Repair               60  October 1, 2008.
 Manual.
Airbus A330 Structural Repair               61  January 1, 2009.
 Manual.
Airbus A340-200/-300                        64  October 1, 2008.
 Structural Repair Manual.
Airbus A340-200/-300                        65  January 1, 2009.
 Structural Repair Manual.
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    (4) As of the effective date of this AD, no person may install a 
movable flap track fairing No. 3 on that airplane, unless it has 
been modified or repaired in accordance with the requirements of 
this AD.

FAA AD Differences

    Note 1: 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, 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) 227-1320. 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 MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0153, dated August 8, 2008; and Airbus Mandatory 
Service Bulletins A330-57-3095, Revision 02, and A340-57-4103, 
Revision 01, both dated April 3, 2008; for related information.

    Issued in Renton, Washington, on March 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-7642 Filed 4-3-09; 8:45 am]
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