[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23622-23625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11283]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0449; Directorate Identifier 2008-NM-034-AD; 
Amendment 39-15907; AD 2009-10-11]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results

[[Page 23623]]

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:

    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders which could result in 
reduced structural integrity of the rudder, AIRBUS decided to 
introduce some further structural inspections to specific rudder 
areas[.]
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 4, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 4, 2009.
    We must receive comments on this AD by June 19, 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.

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 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

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 2008-0012, dated January 14, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders which could result in 
reduced structural integrity of the rudder, AIRBUS decided to 
introduce some further structural inspections to specific rudder 
areas:

--A special detailed one time structural inspection to specific 
rudder areas to ensure earlier detection of damage at the inspected 
areas,
--A repetitive specific ultrasonic inspection along the complete 
rudder panel front and bottom edges (complete z-profile area along 
the spar and the bottom rib) to detect any damage in this area.

    The aim of this Airworthiness Directive (AD) is to render 
mandatory this additional inspection program in order to maintain 
the structural integrity of the rudder.

The special detailed one-time structural inspection consists of doing a 
thermography or x-ray inspection and an ultrasonic inspection to detect 
damage of the rudders at the rudder hoisting points and trailing edge 
screw areas. The corrective actions depend on the findings and the 
extent of the damage found, and include doing the repair or contacting 
Airbus and following their repair instructions.
    The repetitive ultrasonic inspection along the complete rudder 
panel front and bottom edges (complete z-profile area along the spar 
and the bottom rib) to detect damage also includes doing related 
investigative and corrective actions. The related investigative action 
is a thermography inspection for inner skin disbond damage and fluid 
ingress on the rudder. The corrective actions depend on the findings 
and the extent of the damage found, and may include venting the core (a 
temporary repair), and contacting Airbus and following their repair 
instructions for a permanent repair.
    The compliance time for the corrective actions for the special 
detailed one-time structural inspection ranges between ``before further 
flight'' and 4,500 flight cycles, depending on the damage finding. The 
compliance time for the corrective actions for the repetitive 
ultrasonic inspections ranges between ``before further flight'' and 
2,500 flight cycles, depending on the damage finding and whether the 
temporary repair is done. The repetitive interval for the ultrasonic 
inspections is 5,000 flight cycles, except after doing the temporary 
repair, in which case the interval is 500 flight cycles until a 
permanent repair is done, after which time the interval is 5,000 flight 
cycles.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued the following service bulletins:
     Airbus Mandatory Service Bulletin A330-55-3037, including 
Appendix 01, dated October 11, 2007;
     Airbus Mandatory Service Bulletin A330-55-3038, dated 
November 7, 2007;
     Airbus Mandatory Service Bulletin A340-55-4033, including 
Appendix 01, dated October 11, 2007; and
     Airbus Mandatory Service Bulletin A340-55-4034, dated 
November 7, 2007.
    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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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

[[Page 23624]]

MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0449; Directorate 
Identifier 2008-NM-034-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

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.

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:

2009-10-11 Airbus: Amendment 39-15907. Docket No. FAA-2009-0449; 
Directorate Identifier 2008-NM-034-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 4, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-300, A340-200, and 
A340-300 series airplanes, certificated in any category, all serial 
numbers, on which a carbon fiber-reinforced plastic (CFRP) rudder 
part number (PN) A55471500 series is fitted.

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders which could result in 
reduced structural integrity of the rudder, AIRBUS decided to 
introduce some further structural inspections to specific rudder 
areas[.]

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 500 flight cycles or 6 months after the effective 
date of this AD, whichever occurs first: Perform a special detailed 
one-time inspection to detect damage in the areas of the rudder 
hoisting points and trailing edge screw, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-55-3037, dated October 11, 2007; or Airbus Mandatory Service 
Bulletin A340-55-4033, dated October 11, 2007; as applicable. Do all 
applicable corrective actions at the times specified in and in 
accordance with Airbus Mandatory Service Bulletin A330-55-3037, 
dated October 11, 2007; or Airbus Mandatory Service Bulletin A340-
55-4033, dated October 11, 2007; as applicable.
    (2) Submit a report of the findings of the inspection required 
by paragraph (f)(1) of this AD to Airbus in accordance with the 
instructions of Appendix 01 of Airbus Mandatory Service Bulletin 
A330-55-3037, dated October 11, 2007; or Airbus Mandatory Service 
Bulletin A340-55-4033, dated October 11, 2007; as applicable; at the 
applicable time specified in paragraph (f)(2)(i) or (f)(2)(ii) of 
this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (3) Within 500 flight cycles or 6 months after the effective 
date of this AD, whichever occurs first: Perform a special detailed 
inspection along the rudder z-profile to detect inner skin disbond 
damage, in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A330-55-3038, dated November 7, 2007; or 
Airbus Mandatory Service Bulletin A340-55-4034, dated November 7, 
2007; as applicable. Do all applicable related investigative and 
corrective actions at the times specified in and in accordance with 
Airbus Mandatory Service Bulletin A330-55-3038, dated November 7, 
2007; or Airbus Mandatory Service Bulletin A340-55-4034, dated 
November 7, 2007; as applicable.
    (4) Submit a report of the findings of the inspection required 
by paragraph (f)(3) of this AD to Airbus in accordance with the 
instructions of Airbus Mandatory Service Bulletin A330-55-3038, 
dated November 7, 2007; or Airbus Mandatory Service Bulletin A340-
55-4034, dated November 7, 2007; as applicable; at the applicable 
time specified in paragraph (f)(4)(i) or (f)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (5) As of the effective date of this AD, no person may install a 
part number (P/N) A55471500 series rudder on an aircraft as a

[[Page 23625]]

replacement part, unless it has been inspected and, as applicable, 
repaired in accordance with the instructions of Airbus Mandatory 
Service Bulletin A330-55-3037, dated October 11, 2007, or Airbus 
Mandatory Service Bulletin A340-55-4033, dated October 11, 2007; and 
Airbus Mandatory Service Bulletin A330-55-3038, dated November 7, 
2007, or Airbus Mandatory Service Bulletin A340-55-4034, dated 
November 7, 2007.

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, 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: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; 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. The AMOC 
approval letter must specifically reference this AD.
    (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 2008-0012, dated January 14, 2008; and the service 
bulletins listed in Table 1 of this AD; for related information.

                       Table 1--Service Bulletins
------------------------------------------------------------------------
 Airbus Mandatory Service Bulletin--                Dated--
------------------------------------------------------------------------
A330-55-3037........................  October 11, 2007.
A330-55-3038........................  November 7, 2007.
A340-55-4033........................  October 11, 2007.
A340-55-4034........................  November 7, 2007.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information contained in Table 2 of 
this AD to do the actions required by this AD, as applicable, 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 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.
    (3) You may review copies of the service information that is 
incorporated by reference 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.
    (4) You may also review copies of the service information 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/code_of_federal_regulations/ibr_locations.html.

               Table 2--Material Incorporated by Reference
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               Document                               Date
------------------------------------------------------------------------
Airbus Mandatory Service Bulletin      October 11, 2007.
 A330-55-3037, excluding Appendix 01.
Airbus Mandatory Service Bulletin      November 7, 2007.
 A330-55-3038, including Appendix 01.
Airbus Mandatory Service Bulletin      October 11, 2007.
 A340-55-4033, excluding Appendix 01.
Airbus Mandatory Service Bulletin      November 7, 2007.
 A340-55-4034, including Appendix 01.
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    Issued in Renton, Washington, on May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-11283 Filed 5-19-09; 8:45 am]
BILLING CODE 4910-13-P