[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35785-35788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16924]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0645; Directorate Identifier 2009-NM-034-AD; 
Amendment 39-15973; AD 2009-15-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-301, -321, -322, -
341, and -342 Series Airplanes, and Airbus Model A340-211, -212, -213, 
-311, -312, and -313 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 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 accomplishment of A330-300 Airworthiness Limitation Item 
(ALI) task 57.11.04-01-02 of a fastener hole between stringer 38 and 
39 at FR40 rear fitting web, a crack was found on an adjacent hole 
at vertical post Y1959 lower attachment on both sides.
    Other crack findings on this adjacent hole have been reported on 
A330-300 and A340-200/-300 aircraft as a result of sampling 
inspections.
    If not corrected, crack propagation could result in loss of the 
fuselage structural integrity.
* * * * *
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective August 5, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 5, 
2009.
    We must receive comments on this AD by August 20, 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 2009-0001, dated January 8, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During accomplishment of A330-300 Airworthiness Limitation Item 
(ALI) task 57.11.04-01-02 of a fastener hole between stringer 38 and 
39 at FR40 rear fitting web, a crack was found on an adjacent hole 
at vertical post Y1959 lower attachment on both sides.
    Other crack findings on this adjacent hole have been reported on 
A330-300 and A340-200/-300 aircraft as a result of sampling 
inspections.
    If not corrected, crack propagation could result in loss of the 
fuselage structural integrity.
    In order to fulfil[l] the certification requirements and 
following a fatigue analysis based on reported findings, a 
repetitive High Frequency Eddy Current (HFEC) Rototest inspection on 
the affected adjacent holes on both left hand (LH) and right hand 
(RH) sides between stringer 38 and 39 at FR40 rear fitting web is 
required by this AD and, in case of crack finding, the associated 
corrective actions have to be applied.

The associated corrective actions are oversizing the holes and 
performing an additional rototest inspection for cracking. If the 
cracking is within certain limits, the corrective action is to install 
oversize fasteners. If the cracking exceeds certain limits defined in 
the service bulletin, the corrective action is 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 A330-57-3107, 
including Appendices 01 and 02, dated October 7, 2008; and Mandatory 
Service Bulletin A340-57-4117, including Appendices 01 and 02, dated 
October 7, 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.

[[Page 35786]]

    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-2009-0645; Directorate 
Identifier 2009-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:

2009-15-10 Airbus: Amendment 39-15973. Docket No. FAA-2009-0645; 
Directorate Identifier 2009-NM-034-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
5, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes certificated in any 
category, identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-301, -321, -322, -341, and -342 series 
airplanes, all serial numbers, except those on which Airbus 
Modification 44360 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
series airplanes, all serial numbers, except those on which Airbus 
Modification 44360 has been embodied in production.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    During accomplishment of A330-300 Airworthiness Limitation Item 
(ALI) task 57.11.04-01-02 of a fastener hole between stringer 38 and 
39 at FR40 rear fitting web, a crack was found on an adjacent hole 
at vertical post Y1959 lower attachment on both sides.
    Other crack findings on this adjacent hole have been reported on 
A330-300 and A340-200/-300 aircraft as a result of sampling 
inspections.
    If not corrected, crack propagation could result in loss of the 
fuselage structural integrity.
    In order to fulfil[l] the certification requirements and 
following a fatigue analysis based on reported findings, a 
repetitive High Frequency Eddy Current (HFEC) Rototest inspection on 
the affected adjacent holes on both left hand (LH) and right hand 
(RH) sides between stringer 38 and 39 at (frame) FR40 rear fitting 
web is required by this AD and, in case of crack finding, the 
associated corrective actions have to be applied.
* * * * *
The associated corrective actions are oversizing the holes and 
performing an additional rototest inspection for cracking. If the 
cracking is within certain limits, the corrective action is to 
install oversize fasteners. If the cracking exceeds certain limits 
defined in the service bulletin, the corrective action is contacting 
Airbus for repair instructions and doing the repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within the applicable time as specified in Table 1 of this 
AD, or within 90 days after the effective date of this AD, whichever 
occurs later: Perform a HFEC inspection by rototest for cracking of 
two holes on the left and right sides of the fuselage structure FR40 
rear fitting, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A330-57-3107,

[[Page 35787]]

dated October 7, 2008; or Airbus Mandatory Service Bulletin A340-57-
4117, dated October 7, 2008; as applicable. Do the associated 
corrective actions, before further flight, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-57-3107, dated October 7, 2008; or Airbus Mandatory Service 
Bulletin A340-57-4117, dated October 7, 2008; as applicable.

                        Table 1--Compliance Times
------------------------------------------------------------------------
                                              Threshold from the first
                  Model                      flight  (whichever occurs
                                                       first)
------------------------------------------------------------------------
A330-300 series airplanes................  17,700 total flight cycles or
                                            53,100 total flight hours.
A340-200 series airplanes with             11,900 total flight cycles or
 modification 41652S11888.                  80,700 total flight hours.
A340-300 series airplanes with             11,900 total flight cycles or
 modification 41652S11888.                  80,700 total flight hours.
A340-200 series airplanes without          14,500 total flight cycles or
 modification 41652S11888.                  98,200 total flight hours.
A340-300 series airplanes without          12,700 total flight cycles or
 modification 41652S11888.                  85,900 total flight hours.
------------------------------------------------------------------------

     (2) Repeat the inspection required by paragraph (f)(1) of this 
AD within the applicable intervals as specified in Table 2 of this 
AD, in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A330-57-3107, dated October 7, 2008; or 
Airbus Mandatory Service Bulletin A340-57-4117, dated October 7, 
2008; as applicable.

                                    Table 2--Repetitive Inspection Intervals
----------------------------------------------------------------------------------------------------------------
                  Model                                          Intervals (not to exceed)
----------------------------------------------------------------------------------------------------------------
A330-300 series airplanes...............  12,800 flight cycles or 38,500 flight hours, whichever occurs first.
A340-200 series airplanes with            8,600 flight cycles or 58,500 flight hours, whichever occurs first.
 modification 41652S11888.
A340-300 series airplanes with            8,600 flight cycles or 58,500 flight hours, whichever occurs first.
 modification 41652S11888.
A340-200 series airplanes without         10,500 flight cycles or 71,200 flight hours, whichever occurs first.
 modification 41652S11888.
A340-300 series airplanes without         9,200 flight cycles or 62,300 flight hours, whichever occurs first.
 modification 41652S11888.
----------------------------------------------------------------------------------------------------------------

     (3) Where Airbus Mandatory Service Bulletin A330-57-3107, dated 
October 7, 2008; and Airbus Mandatory Service Bulletin A340-57-4117, 
dated October 7, 2008; recommend contacting Airbus for appropriate 
action: Before further flight, contact Airbus for repair 
instructions and do the repair.
    (4) Accomplishment of the inspections required by paragraph 
(f)(1) of this AD before the effective date of this AD in accordance 
with the instructions of Airbus Technical Disposition 
LR5710D07014394, Issue B, dated September 24, 2008, is acceptable 
for compliance with the requirements of paragraph (f)(1) of this AD. 
However, inspections must be repeated thereafter in accordance with 
the requirements of paragraph (f)(2) 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, 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. 
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 2009-0001, dated January 8, 2009; Airbus Mandatory Service 
Bulletin A330-57-3107, dated October 7, 2008; and Airbus Mandatory 
Service Bulletin A340-57-4117, dated October 7, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-57-3107, 
including Appendices 01 and 02, dated October 7, 2008; or Airbus 
Mandatory Service Bulletin A340-57-4117, including Appendices 01 and 
02, dated October 7, 2008, as applicable, 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.


[[Page 35788]]


    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16924 Filed 7-20-09; 8:45 am]
BILLING CODE 4910-13-P