[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Proposed Rules]
[Pages 42804-42807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20352]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0717; Directorate Identifier 2009-NM-002-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 42805]]

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:

    Following scheduled maintenance, an A310 operator reported 
finding cracks around the wing top skin panels fastener holes at Rib 
2 (LH or RH) [left-hand or right-hand], between stringers 2 and 14 
on some of its aircraft.
    This condition, if not corrected, may lead to degradation of the 
structure in this area. An inspection programme is necessary to 
restore and retain the structural integrity.
* * * * *
    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 September 24, 
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, Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; 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: 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: 

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-2009-0717; 
Directorate Identifier 2009-NM-002-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, which is the Technical Agent 
for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0211, dated December 4, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Following scheduled maintenance, an A310 operator reported 
finding cracks around the wing top skin panels fastener holes at Rib 
2 (LH or RH) [left-hand or right-hand], between stringers 2 and 14 
on some of its aircraft.
    This condition, if not corrected, may lead to degradation of the 
structure in this area. An inspection programme is necessary to 
restore and retain the structural integrity.
    For the reason described above, this AD requires the 
implementation of an inspection programme that will ensure that any 
visible cracks in the wing top skin panels 1 and 2 along Rib 2 are 
detected in time and repaired appropriately.
    Note: The General Visual Inspection requested by the existing 
and applicable Airworthiness Limitation Items (ALI) tasks may not be 
adequate to detect these cracks.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A310-57-2096, dated 
May 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 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 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 66 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $10,560, or $160 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

[[Page 42806]]

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-2009-0717; Directorate Identifier 2009-NM-
002-AD.

Comments Due Date

    (a) We must receive comments by September 24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310-203, -204, -221, -222, 
-304, -322, -324, and -325 airplanes; certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Following scheduled maintenance, an A310 operator reported 
finding cracks around the wing top skin panels fastener holes at Rib 
2 (LH or RH) [left-hand or right-hand], between stringers 2 and 14 
on some of its aircraft.
    This condition, if not corrected, may lead to degradation of the 
structure in this area. An inspection programme is necessary to 
restore and retain the structural integrity.
    For the reason described above, this AD requires the 
implementation of an inspection programme that will ensure that any 
visible cracks in the wing top skin panels 1 and 2 along Rib 2 are 
detected in time and repaired appropriately.
    Note: The General Visual Inspection requested by the existing 
and applicable Airworthiness Limitation Items (ALI) tasks may not be 
adequate to detect these cracks.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Do a detailed visual inspection around fastener holes in the 
wing top skin panels 1 and 2, along rib 2 between the right side and 
left side of the front and rear spars, at the applicable compliance 
time in Table 1 of this AD; as applicable to the airplane model and 
Short Range (SR) use, average flight time (AFT) equal to or less 
than 4 hours; or Long Range (LR) use, AFT exceeding 4 hours; in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A310-57-2096, dated May 6, 2008.

    Note 1: To establish the AFT, take the accumulated flight time 
(counted from the take-off up to the landing) and divide by the 
number of accumulated flight cycles. This gives the average flight 
time per flight cycle.


        Table 1--Compliance Times for Detailed Visual Inspection
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            Model               Compliance time (whichever occurs later)
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(i) A310-203, A310-204,        (A) Prior to the accumulation of 18,700
 A310[dash]221, and A310-222    flight cycles or 37,400 flight hours
 airplanes.                     since first flight of the airplane,
                                whichever occurs first; or
                               (B) Within 430 flight cycles or 860
                                flight hours, whichever occurs first,
                                after the effective date of this AD.
(ii) `SR' A310-304, A310-322,  (A) Prior to the accumulation of 17,300
 A310-324, and A310-325 short   flight cycles or 48,400 flight hours
 range airplanes.               since first flight of the airplane,
                                whichever occurs first; or
                               (B) Within 400 flight cycles or 1,100
                                flight hours, whichever occurs first,
                                after the effective date of this AD.
(iii) `LR' A310-304, A310-     (A) Prior to accumulation of 12,800
 322, A310[dash]324, and A310-  flight cycles or 64,300 flight hours
 325 long range airplanes.      since first flight of the airplane,
                                whichever occurs first; or
                               (B) Within 300 flight cycles or 1,450
                                flight hours, whichever occurs first,
                                after the effective date of this AD.
------------------------------------------------------------------------

     (2) As of the effective date of this AD, if any repair has 
already been done as a result of finding skin cracks at rib 2 in the 
area to be inspected, the inspection requirements of this AD are not 
required for the repaired area. Instead, for previously repaired 
areas, continue the inspection in accordance with the procedures 
specified in paragraph (g) of this AD. The rest of the rib 2 area 
not covered by the repair must be inspected in accordance with the 
requirements of this AD.
    (3) If no crack is found, repeat the inspection required by 
paragraph (f)(1) of this AD thereafter at the intervals not to 
exceed those specified in Table 2 of this AD, as applicable.

[[Page 42807]]



      Table 2--Compliance Times for Repetitive Inspection Interval
------------------------------------------------------------------------
               Model                    Repetitive inspection interval
------------------------------------------------------------------------
A310-203, A310-204, A310[dash]221,   Within 1,700 flight cycles or 3,500
 and A310-222 airplanes.              flight hours, whichever occurs
                                      first.
`SR' A310-304, A310-322, A310-324,   Within 1,600 flight cycles or 4,600
 and A310-325 short range airplanes.  flight hours, whichever occurs
                                      first.
`LR' A310-304, A310-322,             Within 1,200 flight cycles or 6,100
 A310[dash]324, and A310-325 long     flight hours, whichever occurs
 range airplanes.                     first.
------------------------------------------------------------------------

     (4) If any crack is found during any inspection required by 
paragraph (f)(1) or (f)(3) of this AD, before further flight, repair 
in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A310-57-2096, dated May 6, 2008. Instead, 
for previously repaired areas, continue the inspection in accordance 
with the procedures specified in paragraph (g) of this AD.
    (5) After each inspection required by this AD, submit an 
inspection report in accordance with Airbus Mandatory Service 
Bulletin A310-57-2096, dated May 6, 2008; at the times specified in 
paragraphs (f)(5)(i) or (f)(5)(ii) of this AD, as applicable.
    (i) If the inspection was done 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, 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: 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.
    (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 2008-0211, dated December 4, 2008; and Airbus Mandatory 
Service Bulletin A310-57-2096, dated May 6, 2008, for related 
information.

    Issued in Renton, Washington, on August 17, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-20352 Filed 8-24-09; 8:45 am]
BILLING CODE 4910-13-P