[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Proposed Rules]
[Pages 45781-45783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21317]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0782; Directorate Identifier 2009-NM-011-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
Series Airplanes; and Model A340-211, -212, -213, -311, -312, and -313 
Series Airplanes; and A340-541 and -642 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

    During a scheduled maintenance inspection on the MLG [main 
landing gear], the bogie stop pad was found deformed and cracked. 
Upon removal of the bogie stop pad for replacement, the bogie beam 
was also found cracked.
* * * * *
    A second bogie beam crack has subsequently been found on another 
aircraft, located under a bogie stop pad which only had superficial 
paint damage.
    This condition, if not detected and corrected, could result in 
the aircraft departing the runway or to the bogie detaching from the 
aircraft or gear collapses, which would all constitute unsafe 
conditions at speeds above 30 knots.
* * * * *

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 October 5, 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 SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 45 80; e-mail 
airworthiness.A330-A340@airbus.com; 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: 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:

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-2009-0782; 
Directorate Identifier 2009-NM-011-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 (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0223, dated December 15, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During a scheduled maintenance inspection on the MLG [main 
landing gear], the bogie stop pad was found deformed and cracked. 
Upon removal of the bogie stop pad for replacement, the bogie beam 
was also found cracked.
    Laboratory investigation indicates that an overload event has 
occurred and no fatigue propagation of the crack was evident. An 
investigation is still underway to establish the root cause of this 
overload.
    A second bogie beam crack has subsequently been found on another 
aircraft, located under a bogie stop pad which only had superficial 
paint damage.
    This condition, if not detected and corrected, could result in 
the aircraft departing the runway or to the bogie detaching from the 
aircraft or gear collapses, which would all constitute unsafe 
conditions at speeds above 30 knots.
    As a precautionary measure, this AD requires detailed 
inspections under the bogie stop pad of both MLG bogie beams and, in 
case deformation or damage is detected, to apply the associated 
repair.

The one-time inspections consist of the following:
     Inspection for corrosion and damage to the paint and 
cadmium plate of the sliding piston subassembly.
     Inspection for cracking and deformation of the top and 
bottom

[[Page 45782]]

surfaces and bolt holes of the bogie stop pad subassembly and bracket.
     Inspection for cracking, corrosion, and damage to 
protective treatments, and deformation of the bogie beam surface of the 
bogie beam subassembly where the bogie stop pad subassembly has been 
removed, and a magnetic particle non-destructive test inspection of the 
bogie beam assembly where the bogie stop pad subassembly has been 
removed.
    Corrective actions include repairing protective treatments, 
removing corrosion, and replacing the bogie stop pad if necessary. For 
airplanes on which a crack or deformation in the bogie beam is found, 
corrective actions include contacting Messier-Dowty Limited and/or 
Airbus for instructions for repair, and repairing before further 
flight.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued the service bulletins identified in the following 
table:

                                           Table--Service Information
----------------------------------------------------------------------------------------------------------------
                                   Use Airbus Mandatory
           For model--              Service Bulletin--                           Dated--
 
----------------------------------------------------------------------------------------------------------------
A330-201, -202, -203, -223, -243,  A330-32-3220........  October 10, 2008.
 -301, -302, -303, -321, -322, -
 323, -341, -342, -343 series
 airplanes.
A340-211, -212, -213, -311, -312,  A340-32-4264........  October 10, 2008.
 -313 series airplanes.
A340-541, -642 airplanes.........  A340-32-5087........  October 10, 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 52 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 $8,320, 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 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-2009-0782; Directorate Identifier 2009-NM-
011-AD.

Comments Due Date

    (a) We must receive comments by October 5, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223, 
-243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
series airplanes; and Model A340-211, -212, -213, -311, -312, -313 
series airplanes; and

[[Page 45783]]

A340-541 and -642 airplanes; all serial numbers; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    ``During a scheduled maintenance inspection on the MLG [main 
landing gear], the bogie stop pad was found deformed and cracked. 
Upon removal of the bogie stop pad for replacement, the bogie beam 
was also found cracked.
    ``Laboratory investigation indicates that an overload event has 
occurred and no fatigue propagation of the crack was evident. An 
investigation is still underway to establish the root cause of this 
overload.
    ``A second bogie beam crack has subsequently been found on 
another aircraft, located under a bogie stop pad which only had 
superficial paint damage.
    ``This condition, if not detected and corrected, could result in 
the aircraft departing the runway or to the bogie detaching from the 
aircraft or gear collapses, which would all constitute unsafe 
conditions at speeds above 30 knots.
    ``As a precautionary measure, this AD requires detailed 
inspections under the bogie stop pad of both MLG bogie beams and, in 
case deformation or damage is detected, to apply the associated 
repair.''

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable compliance time specified in paragraph 
(f)(1)(i), (f)(1)(ii), (f)(1)(iii), (f)(1)(iv), (f)(1)(v), or 
(f)(1)(vi) of this AD, perform one-time detailed inspections of both 
main landing gear bogie beams in the region of the bogie stop pad 
for detection of deformation and damage, and apply the applicable 
corrective actions, in accordance with instructions defined in the 
Airbus mandatory service bulletins listed in Table 1 of this AD, as 
applicable. Do all applicable corrective actions before further 
flight.
    (i) Airplanes with 22 months or less and 2,500 flight cycles or 
less from the first flight with the original bogie beam as of the 
effective date of this AD: Not earlier than 2,500 flight cycles or 
22 months on the original bogie beam, whichever occurs first, but 
not later than 40 months from first flight.
    (ii) Airplanes with 22 months or less and 2,500 flight cycles or 
less on a new bogie beam installed in service as of the effective 
date of this AD: Not earlier than 2,500 flight cycles or 22 months 
on the new bogie beam, whichever occurs first, but no later than 40 
months from the installation of a new bogie beam in service.
    (iii) Airplanes with 22 months or less and 2,500 flight cycles 
or less on an overhauled bogie beam as of the effective date of this 
AD: Not earlier than 2,500 flight cycles or 22 months on the 
overhauled bogie beam, whichever occurs first, but no later than 40 
months from the last overhaul.
    (iv) Airplanes with more than 22 months or more than 2,500 
flight cycles from the first flight with the original bogie beam, as 
of the effective date of this AD: Within 18 months after the 
effective date of this AD.
    (v) Airplanes with more than 22 months or more than 2,500 flight 
cycles on a new bogie beam installed in service, as of the effective 
date of this AD: Within 18 months after the effective date of this 
AD.
    (vi) Airplanes with more than 22 months or more than 2,500 
flight cycles on an overhauled bogie beam, as of the effective date 
of this AD: Within 18 months after the effective date of this AD.

                                           Table 1--Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                   Use Airbus Mandatory
           For model--              Service Bulletin--                           Dated--
 
----------------------------------------------------------------------------------------------------------------
A330-201, -202, -203, -223, -243,  A330-32-3220........  October 10, 2008.
 -301, -302, -303, -321, -322, -
 323, -341, -342, -343 series
 airplanes.
A340-211, -212, -213, -311, -312,  A340-32-4264........  October 10, 2008.
 -313 series airplanes.
A340-541, -642 airplanes.........  A340-32-5087........  October 10, 2008.
----------------------------------------------------------------------------------------------------------------

    (2) Report the results, including no findings of the inspection 
required by paragraph (f)(1) of this AD, to Airbus, Customer 
Services Directorate,
    1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex France; Attn: 
SEDCC1 Technical Data and Documentation Services; Fax (+33) 5 61 93 
28 06; e-mail sb.reporting@airbus.com; at the applicable time 
specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD.
    (i) If the inspection is 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 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 EASA Airworthiness Directive 2008-0223, dated 
December 15, 2008, and the Airbus mandatory service bulletins listed 
in Table 1 of this AD, for related information.

    Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21317 Filed 9-3-09; 8:45 am]
BILLING CODE 4910-13-P