[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Rules and Regulations]
[Pages 25404-25406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0479; Directorate Identifier 2009-NM-006-AD; 
Amendment 39-15918; AD 2009-11-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-202, -223, -243, -
301, -322, and -342 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 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 the A330 and A340 aircraft fatigue test, cracks appeared 
on the right and left sides between the crossing area of the keel 
angle fitting and the front spar of the Centre Wing Box (CWB). 
Several modifications have been introduced in the fleet in the area 
of frame [FR] 40 keel angle assembly in order to prevent these 
cracks. However the new design has caused interference between one 
fastener and the keel angle which was corrected by further local 
reprofiling of the keel angle horizontal flange. Analysis shows that 
without an inspection of this reprofiled area, the structural 
integrity of the area is impacted, which constitutes an unsafe 
condition.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 12, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 12, 
2009.
    We must receive comments on this AD by June 29, 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: 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0213, dated December 8, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During the A330 and A340 aircraft fatigue test, cracks appeared 
on the right and left sides between the crossing area of the keel 
angle fitting and the front spar of the Centre Wing Box (CWB). 
Several modifications have

[[Page 25405]]

been introduced in the fleet in the area of frame [FR] 40 keel angle 
assembly in order to prevent these cracks. However the new design 
has caused interference between one fastener and the keel angle 
which was corrected by further local reprofiling of the keel angle 
horizontal flange. Analysis shows that without an inspection of this 
reprofiled area, the structural integrity of the area is impacted, 
which constitutes an unsafe condition.
    In order to maintain the structural integrity of the aircraft, 
this Airworthiness Directive (AD) requires a repetitive special 
detailed inspection [high frequency eddy current to detect cracking] 
on the horizontal flange of the keel beam in the area of first 
fastener hole aft of FR40, and in case of cracks to repair 
accordingly.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-53-3151, Revision 
01, including Appendix 1, dated September 25, 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 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 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-2009-0479; Directorate 
Identifier 2009-NM-006-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:

2009-11-08 Airbus: Amendment 39-15918. Docket No. FAA-2009-0479; 
Directorate Identifier 2009-NM-006-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 12, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-202, -223, -243, -301, 
-322 and -342 airplanes; certificated in any category; serial 
numbers 0177, 0181, 0183, 0184, 0188, 0189, 0191, 0195, 0198, 0200, 
0203, 0205, 0206, 0209, 0211, 0219, 0222, 0223, 0224, 0226, 0229, 
0230, 0231, 0232, 0234, 0238, 0240, 0241, 0244, 0247, 0248, 0249, 
0250, 0251, 0253, 0254, and 0255.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    During the A330 and A340 aircraft fatigue test, cracks appeared 
on the right and left

[[Page 25406]]

sides between the crossing area of the keel angle fitting and the 
front spar of the Centre Wing Box (CWB). Several modifications have 
been introduced in the fleet in the area of frame [FR] 40 keel angle 
assembly in order to prevent these cracks. However the new design 
has caused interference between one fastener and the keel angle 
which was corrected by further local reprofiling of the keel angle 
horizontal flange. Analysis shows that without an inspection of this 
reprofiled area, the structural integrity of the area is impacted, 
which constitutes an unsafe condition.
    In order to maintain the structural integrity of the aircraft, 
this Airworthiness Directive (AD) requires a repetitive special 
detailed inspection [high frequency eddy current to detect cracking] 
on the horizontal flange of the keel beam in the area of first 
fastener hole aft of FR40 and in case of cracks to repair 
accordingly.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD, or at 
the applicable time specified in paragraph (f)(1)(i) or (f)(1)(ii) 
of this AD, whichever occurs later, perform a special detailed (high 
frequency eddy current) inspection to detect cracking of the keel 
beam fitting horizontal flange edge at FR40 on the left-hand and 
right-hand sides of the fuselage, in accordance with the 
instructions of Airbus Mandatory Service Bulletin A330-53-3151, 
Revision 01, dated September 25, 2008.
    (i) For Model A330-301, -322, and -342 airplanes: Before 
accumulating 14,500 total flight cycles or 37,000 total flight hours 
from the first flight of the airplane, whichever occurs first.
    (ii) For Model A330-202, -223, and -243 airplanes: Before 
accumulating 14,100 total flight cycles or 70,600 total flight hours 
from the first flight of the airplane, whichever occurs first.
    (2) If no crack is detected during the inspection required by 
paragraph (f)(1) of this AD, repeat the inspection specified in 
paragraph (f)(1) of this AD thereafter at intervals not to exceed 
the times specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD, 
as applicable.
    (i) For Model A330-301, -322, and -342 airplanes: 6,230 flight 
cycles or 15,900 flight hours, whichever occurs first.
    (ii) For Model A330-202, -223, and -243 airplanes: 6,060 flight 
cycles or 30,300 flight hours, whichever occurs first.
    (3) If any crack is found during any inspection required by this 
AD, before further flight, contact Airbus and follow their 
corrective actions.
    (4) Airplanes that have already been inspected prior to the 
effective date of this AD in accordance with the instructions of 
Airbus Service Bulletin A330-53-3151, dated December 6, 2005, are 
compliant with the requirements of paragraph (f)(1) of this AD 
(initial inspection). However, after the effective date of this AD, 
the repetitive inspections must be continued in accordance with the 
instructions of Airbus Mandatory Service Bulletin A330-53-3151, 
Revision 01, dated September 25, 2008, as specified in paragraph 
(f)(1) of this AD.
    (5) At the applicable time specified in paragraph (f)(5)(i) or 
(f)(5)(ii) of this AD, submit a report of the results (both positive 
and negative) of the inspection required by paragraph (f)(1) of this 
AD, in accordance with Airbus Mandatory Service Bulletin A330-53-
3151, Revision 01, dated September 25, 2008. Send the report to 
Airbus SAS--Customer Services Directorate, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; Attention SEDCC1 Technical 
Data and Documentation Services, fax +33 5 61 93 28 06, e-mail 
[email protected].
    (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 accomplished prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date 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, 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 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 (EASA) 
Airworthiness Directive 2008-0213, dated December 8, 2008; and 
Airbus Mandatory Service Bulletin A330-53-3151, Revision 01, dated 
September 25, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-53-3151, 
Revision 01, including Appendix 1, dated September 25, 2008, 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 SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
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 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 that 
is incorporated by reference 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.

    Issued in Renton, Washington, on May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-12113 Filed 5-27-09; 8:45 am]
BILLING CODE 4910-13-P