[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Rules and Regulations]
[Pages 2057-2060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-211]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1251; Directorate Identifier 2009-NM-133-AD; 
Amendment 39-16174; AD 2010-02-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-200 and A340-300 
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:
* * * * *
    Engineering analysis using the new calculated loads has shown 
that the structural integrity of the forward engine mount cannot be 
guaranteed after either thrust link has accumulated 15500 Flight 
Cycles (FC).
* * * * *

[[Page 2058]]

A loss of structural integrity of the forward engine mounts could lead 
to the loss of the load path for the forward engine mount and damage to 
other engine mount structures, which could result in failure of the 
forward engine mount, possible separation of the engine from the 
airplane, damage to the wing, or loss of control of the airplane. This 
AD requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective January 29, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 29, 
2010.
    We must receive comments on this AD by March 1, 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 W12-140, 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, 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 2009-0115, dated May 29, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A recent review of the A340-200/300 fleet has shown that the 
current utilization rate of the aeroplanes is different from the 
assumptions used at the time of A340 initial certification. New 
calculations have been performed taking into account an updated 
mission profile to determine the impact to the loads on the forward 
engine mount.
    Engineering analysis using the new calculated loads has shown 
that the structural integrity of the forward engine mount cannot be 
guaranteed after either thrust link has accumulated 15500 Flight 
Cycles (FC).
    Consequently, this AD introduces a Limit Of Validity (LOV) of 
15500 FC for CFM 56-5C forward engine mount thrust links Part Number 
(P/N) 340-7005-3 and P/N 340-7005-4.
    In addition, this AD requires establishing the deadline for 
replacement of forward engine mount thrust link assemblies, to trace 
the life of these assemblies and to replace them no later than the 
calculated deadline.

A loss of structural integrity of the forward engine mounts could lead 
to the loss of the load path for the forward engine mount and damage to 
other engine mount structures, which could result in failure of the 
forward engine mount, possible separation of the engine from the 
airplane, damage to the wing, or loss of control of the airplane. You 
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-71-4006, Revision 
01, dated May 14, 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-2009-1251; Directorate 
Identifier 2009-NM-133-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

[[Page 2059]]

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:

2010-02-03 Airbus: Amendment 39-16174. Docket No. FAA-2009-1251; 
Directorate Identifier 2009-NM-133-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -213, -311, 
-312, and -313 airplanes, all manufacturer serial numbers; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 71: 
Powerplant.

Reason

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

    A recent review of the A340-200/300 fleet has shown that the 
current utilization rate of the aeroplanes is different from the 
assumptions used at the time of A340 initial certification. New 
calculations have been performed taking into account an updated 
mission profile to determine the impact to the loads on the forward 
engine mount.
    Engineering analysis using the new calculated loads has shown 
that the structural integrity of the forward engine mount cannot be 
guaranteed after either thrust link has accumulated 15500 Flight 
Cycles (FC).
    Consequently, this AD introduces a Limit of Validity (LOV) of 15 
500 FC for CFM 56-5C forward engine mount thrust links Part Number 
(P/N) 340-7005-3 and P/N 340-7005-4.
    In addition, this AD requires establishing the deadline for 
replacement of forward engine mount thrust link assemblies, to trace 
the life of these assemblies and to replace them no later than the 
calculated deadline.

A loss of structural integrity of the forward engine mounts could 
lead to the loss of the load path for the forward engine mount and 
damage to other engine mount structures, which could result in 
failure of the forward engine mount, possible separation of the 
engine from the airplane, damage to the wing, or loss of control of 
the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Unless already done, do the following actions.
    (1) At the applicable time in paragraph (g)(1)(i) or (g)(1)(ii) 
of this AD: Calculate the flight cycles, as applicable, and replace 
all CFM 56-5C forward engine mount thrust links P/N 340-7005-3 or P/
N 340-7005-4, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A340-71-4006, Revision 01, dated 
May 14, 2009.

    Note 1:
    P/N 340-7005-3 and P/N 340-7005-4 are the part numbers for only 
the link. P/N 340-7005-503 and P/N 340-7005-504 are the part numbers 
for the assembly (comprising the bearing and the link).

    (i) For airplanes with thrust links for which the history of the 
part is available: Replace in accordance with Airbus Mandatory 
Service Bulletin A340-71-4006, Revision 01, dated May 14, 2009, 
prior to the accumulation of 15,500 total flight cycles on the part, 
or within 90 days from the effective date of the AD, whichever 
occurs later.
    (ii) For airplanes with thrust links for which the part history 
is partial or unknown: Within 30 days after the effective date of 
this AD, calculate the replacement date in accordance with the 
calculation method provided in Airbus Mandatory Service Bulletin 
A340-71-4006, Revision 01, dated May 14, 2009, and replace the part 
no later than the calculated replacement date.
    (2) Repeat the replacement required by paragraph (g)(1) of this 
AD at intervals not to exceed 15,500 flight cycles on the part in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A340-71-4006, Revision 01, dated May 14, 2009.

FAA AD Differences

    Note 2:
    This AD differs from the MCAI and/or service information as 
follows: No differences.

Other FAA AD Provisions

    (h) 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, 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 (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

    (i) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2009-0115, dated May 29, 2009; and Airbus Mandatory 
Service Bulletin A340-71-4006, Revision 01, dated May 14, 2009; for 
related information.

Material Incorporated by Reference

    (j) You must use Airbus Mandatory Service Bulletin A340-71-4006, 
Revision 01, dated May 14, 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

[[Page 2060]]

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 December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-211 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P