[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69260-69262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30700]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1211; Directorate Identifier 2009-NM-121-AD; 
Amendment 39-16149; AD 2009-26-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A380-841, -842, and -861 
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:

    As a result of the Movable Flap Track Fairing (MFTF) 6 
crack findings (ref. AD 2008-0216), a detailed review has been 
launched for all MFTF 2 to 6. This investigation 
has revealed some cracking at MFTF 4 pivot support-ring.
    This condition, if not corrected, could lead to in-flight loss 
of MFTF 4, potentially resulting in injuries to persons on 
the ground.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective January 15, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 15, 
2010.
    We must receive comments on this AD by February 16, 2010.

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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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 2009-0113, dated May 27, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    As a result of the Movable Flap Track Fairing (MFTF) 6 
crack findings (ref. AD 2008-0216), a detailed review has been 
launched for all MFTF 2 to 6. This investigation 
has revealed some cracking at MFTF 4 pivot support-ring.
    This condition, if not corrected, could lead to in-flight loss 
of MFTF 4, potentially resulting in injuries to persons on 
the ground.
    To prevent the risk of a MFTF 4 detachment, this AD 
requires an inspection programme and/or replacement of the fairings 
in order to ensure they are removed from service before any crack 
becomes critical.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A380-57-8016, dated 
May 11, 2009. 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-2009-1211; Directorate 
Identifier 2009-NM-121-

[[Page 69261]]

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:

2009-26-10 AIRBUS: Amendment 39-16149. Docket No. FAA-2009-1211; 
Directorate Identifier 2009-NM-121-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A380-841, -842, and -861 
airplanes; certificated in any category; all serial numbers.

Subject

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

Reason

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

    As a result of the Movable Flap Track Fairing (MFTF) 6 
crack findings (ref. AD 2008-0216), a detailed review has been 
launched for all MFTF 2 to 6. This investigation 
has revealed some cracking at MFTF 4 pivot support ring.
    This condition, if not corrected, could lead to in-flight loss 
of MFTF 4, potentially resulting in injuries to persons on 
the ground.
    To prevent the risk of a MFTF 4 detachment, this AD 
requires an inspection programme and/or replacement of the fairings 
in order to ensure they are removed from service before any crack 
becomes critical.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in paragraphs (f)(1)(i) and 
(f)(2)(ii) of this AD: Do special detailed (ultrasonic and high 
frequency eddy current) inspections on the  4 left-hand and 
right-hand movable flap track fairing (MFTF) for cracks of the filet 
radii of the pivot bracket support rings and the monolithic carbon 
fibre reinforced plastic (CFRP) structure in the pivot support area, 
in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A380-57-8016, dated May 11, 2009.
    (i) For Airbus Model A380-841 and -842 airplanes, do the actions 
before the accumulation of 600 flight cycles on the 4 MFTF 
on an airplane, or within 60 flight cycles after the effective date 
of this AD, whichever occurs later.
    (ii) For Airbus Model A380-861 airplanes, do the actions before 
the accumulation of 300 flight cycles on the 4 MFTF on an 
airplane, or within 30 flight cycles after the effective date of 
this AD, whichever occurs later.
    (2) If no crack is found during any inspection required by 
paragraph (f)(1) of this AD, repeat the inspections at the 
applicable time specified in paragraph (f)(2)(i) or (f)(2)(ii) of 
this AD; except as provided by paragraph (f)(4) of this AD.
    (i) For Model A380-841 and -842 airplanes: At intervals not to 
exceed 60 flight cycles.
    (ii) For Model A380-861 airplanes: At intervals not to exceed 30 
flight cycles.
    (3) If any crack is found during any inspection required by 
paragraph (f)(1) of this AD, before further flight, replace the 
4 MFTF with a new or serviceable 4 MFTF, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A380-57-8016, dated May 11, 2009. Do the 
inspections required by paragraph (f)(1) of this AD at the 
applicable time specified in paragraph (f)(1) of this AD.
    (4) Replacing any 4 MFTF extends the interval for the 
next inspections to the applicable time specified in paragraph 
(f)(1) of this AD.
    (5) After the first 4 MFTF is replaced as required by 
this AD, submit a one-time report to Wera Dietz, Senior Retrofit 
Manager, AIRBUS Customer Services--SEOT2, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 561 933 333; 
Fax +33 561 932 745; e-mail [email protected]; at the applicable 
times specified in paragraph (f)(5)(i) and (f)(5)(ii) of this AD. 
The report must include the serial number of the removed 4 
MFTF, the associated airplane manufacturer serial number, and the 
number of flight cycles accumulated by the 4 MFTF at the 
time of replacement.
    (i) If the replacement was done on or after the effective date 
of this AD: Submit the report within 30 days after the inspection.
    (ii) If the replacement was done before 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, 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: Todd Thompson, Aerospace Engineer, 
International Branch,

[[Page 69262]]

ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 227-1175; 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 (44 
U.S.C. 3501 et seq.), 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 2009-0113, dated May 27, 2009; and Airbus Mandatory 
Service Bulletin A380-57-8016, dated May 11, 2009; for related 
information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A380-57-8016, 
dated May 11, 2009, 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--EANA (Airworthiness Office); 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 562 110 253; 
Fax +33 562 110 307; 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 December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30700 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-13-P