[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Rules and Regulations]
[Pages 27908-27910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13572]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0523; Directorate Identifier 2009-NM-018-AD; 
Amendment 39-15934; AD 2009-12-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-541 and -642 
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:

    Following a refined Finite Element Model (FEM) analysis of the 
Nose Landing Gear (NLG) actuator fitting installed on the roof panel 
of the NLG box of all A340-500/-600 aircraft, it has been 
demonstrated that potential fatigue cracks can be initiated on the 
NLG actuator fitting flanges.
    This situation, if not corrected, could lead to inadvertent 
extension of the NLG which could adversely affect the aircraft's 
continued safe flight or [could result in] failure to retract the 
NLG which, in combination with an engine failure, could adversely 
affect the aircraft's safe take off.


[[Page 27909]]


    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 29, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 29, 
2009.
    We must receive comments on this AD by July 13, 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 2008-0201, dated November 13, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Following a refined Finite Element Model (FEM) analysis of the 
Nose Landing Gear (NLG) actuator fitting installed on the roof panel 
of the NLG box of all A340-500/-600 aircraft, it has been 
demonstrated that potential fatigue cracks can be initiated on the 
NLG actuator fitting flanges.
    This situation, if not corrected, could lead to inadvertent 
extension of the NLG which could adversely affect the aircraft's 
continued safe flight or [could result in] failure to retract the 
NLG which, in combination with an engine failure, could adversely 
affect the aircraft's safe take off.
    To prevent such event, this Airworthiness Directive requires 
High Frequency Eddy Current (HFEC) inspections and detailed visual 
inspections on the NLG Actuator fitting to detect any crack and, in 
case of finding, mandates the relevant corrective actions.

    Corrective actions include contacting Airbus for repair 
instructions and doing the repair. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-53-5045, 
including Appendix 01, dated October 6, 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-2009-0523; Directorate 
Identifier 2009-NM-018-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

[[Page 27910]]

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.


39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-12-11 Airbus: Amendment 39-15934. Docket No. FAA-2009-0523; 
Directorate Identifier 2009-NM-018-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 29, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A340-541 and -642 
airplanes, certificated in any category.

Subject

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

Reason

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

    Following a refined Finite Element Model (FEM) analysis of the 
Nose Landing Gear (NLG) actuator fitting installed on the roof panel 
of the NLG box of all A340-500/-600 aircraft, it has been 
demonstrated that potential fatigue cracks can be initiated on the 
NLG actuator fitting flanges.
    This situation, if not corrected, could lead to inadvertent 
extension of the NLG which could adversely affect the aircraft's 
continued safe flight or [could result in] failure to retract the 
NLG which, in combination with an engine failure, could adversely 
affect the aircraft's safe take off.
    To prevent such event, this Airworthiness Directive requires 
High Frequency Eddy Current (HFEC) inspections and detailed visual 
inspections on the NLG Actuator fitting to detect any crack and, in 
case of finding, mandates the relevant corrective actions.

    The corrective action includes contacting Airbus for repair 
instructions and doing the repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time defined in paragraph (f)(1)(i) or 
(f)(1)(ii) of this AD: Perform an HFEC inspection on fitting flanges 
and a detailed visual inspection of the NLG actuator overall 
fitting, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A340-53-5045, dated October 6, 
2008.
    (i) For weight variant 00x series: Before accumulating 3,920 
total flight cycles or within 90 days of the effective date of this 
AD, whichever occurs later.
    (ii) For weight variant 10x series: Before accumulating 3,020 
total flight cycles or within 90 days of the effective date of this 
AD, whichever occurs later.
    (2) If no crack is detected during both inspections required by 
paragraph (f)(1) of this AD, repeat the inspections thereafter at 
intervals not exceeding the interval defined in paragraph (f)(2)(i) 
or (f)(2)(ii) of this AD, as applicable.
    (i) For weight variant 00x series: 1,320 flight cycles.
    (ii) For weight variant 10x series: 2,690 flight cycles.
    (3) If any crack is detected during any inspection required by 
this AD, before further flight, contact Airbus for repair 
instructions and do the repair.

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 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 2008-0201, dated November 13, 2008; and 
Airbus Mandatory Service Bulletin A340-53-5045, including Appendix 
01, dated October 6, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A340-53-5045, 
including Appendix 01, dated October 6, 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 June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13572 Filed 6-11-09; 8:45 am]
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