[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Pages 3125-3127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-487]



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  Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / 
Rules and Regulations  

[[Page 3125]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0309; Directorate Identifier 2008-NM-173-AD; 
Amendment 39-16152; AD 2009-26-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200,and A340-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    Several cases have been reported of in-flight loss of the drive 
strut fitting from the movable fairing of flap track No. 3. 
Consequently, the flap track No. 3 fairing was detached from its aft 
end, and found hanging. Investigations have shown that the 
detachment of the aft lower drive strut fitting from the fairing 
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss 
of the affected aircraft parts, potentially resulting in injuries to 
persons on the ground.
* * * * *

In addition, the potential unsafe condition includes the part 
potentially impacting the airplane. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 24, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 24, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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) 227-1320.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 6, 2009 (74 FR 
15401). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several cases have been reported of in-flight loss of the drive 
strut fitting from the movable fairing of flap track No. 3. 
Consequently, the flap track No. 3 fairing was detached from its aft 
end, and found hanging. Investigations have shown that the 
detachment of the aft lower drive strut fitting from the fairing 
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss 
of the affected aircraft parts, potentially resulting in injuries to 
persons on the ground.
    For the reason described above, this AD requires the 
modification of the movable flap track fairing No. 3, both Left Hand 
(LH) and Right Hand (RH) side, and prohibits re-installation of 
unmodified units.

In addition, the potential unsafe condition includes the part 
potentially impacting the airplane. You may obtain further information 
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Change Compliance Time

    The Air Transportation Association, on behalf of its member 
Northwest Airlines (NWA), requests that we change the compliance time 
of the NPRM. NWA states that paragraph (f)(4) of the NPRM would 
prohibit installation of unmodified units after the effective date of 
the AD and that this restriction would have unintended consequences in 
a line maintenance environment when a fairing is removed for access 
during unscheduled maintenance because operators could not reinstall 
the fairing without doing the actions required by the AD. The commenter 
requests that we revise the NPRM to allow installation of unmodified 
units until the 60-month compliance time specified in paragraph (f)(1) 
of the NPRM has passed.
    We partially agree. We did not intend to prohibit operators from 
reinstalling a fairing removed for maintenance. But allowing operators 
up to 60 months to intermix airworthy and potentially inadequate 
fairings would conflict with provisions of the Federal Aviation 
Regulations and would not ensure an adequate level of safety for the 
fleet. To clarify the requirement, we have revised paragraph (f)(4) in 
this final rule to prohibit ``replacing''--instead of ``installing''--
the subject part.
    We have also added a note to the FAA Differences paragraph to 
specify that parts cannot be put on as of the effective date of this 
AD.

Clarification of Unsafe Condition

    In addition to the unsafe condition specified in the NPRM, the 
potential unsafe condition includes the part potentially impacting the 
airplane. We have revised the Summary section, Discussion section, and 
paragraph (e) of this AD accordingly.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We determined that this change 
will not increase the economic burden on any operator or increase the 
scope of the AD.

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.

[[Page 3126]]

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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 35 products of U.S. registry. 
We also estimate that it will take about 19 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $647 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $75,845, or $2,167 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 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.

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 the NPRM, 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.

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:

2009-26-13 Airbus: Amendment 39-16152. Docket No. FAA-2009-0309; 
Directorate Identifier 2008-NM-173-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes, all 
manufacturer serial numbers (MSNs), except those on which Airbus 
Modification 55674 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
airplanes, all MSNs, except those on which Airbus Modification 55674 
has been embodied in production.

Subject

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

Reason

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

    Several cases have been reported of in-flight loss of the drive 
strut fitting from the movable fairing of flap track No. 3. 
Consequently, the flap track No. 3 fairing was detached from its aft 
end, and found hanging. Investigations have shown that the 
detachment of the aft lower drive strut fitting from the fairing 
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss 
of the affected aircraft parts, potentially resulting in injuries to 
persons on the ground.
    For the reason described above, this AD requires the 
modification of the movable flap track fairing No. 3, both Left Hand 
(LH) and Right Hand (RH) side, and prohibits re-installation of 
unmodified units.

In addition, the potential unsafe condition includes the part 
potentially impacting the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 months after the effective date of this AD, modify 
the left- and right-hand movable flap track fairing No. 3, in 
accordance with Airbus Mandatory Service Bulletin A330-57-3095, 
Revision 02; or A340-57-4103, Revision 01; both dated April 3, 2008; 
as applicable.
    (2) Modifying the left- and right-hand movable flap track 
fairing No. 3 is also acceptable for compliance with the 
requirements of paragraph (f)(1) of this AD if done before the 
effective date of this AD, in accordance with Airbus Service 
Bulletin
    A330-57-3095, Revision 01; or A340-57-4103; both dated August 
28, 2007; as applicable.
    (3) Installing a repaired left- and right-hand movable flap 
track fairing No. 3 using replacement of a damaged insert by 
through-bolts at the drive strut attachment fitting is acceptable 
for compliance with the requirements of paragraph (f)(1) of this AD 
if done before the effective date of this AD in accordance with the 
repair instructions specified in Chapter 57-56-11, page block 201, 
in one of the Airbus structural repair manuals listed in Table 1 of 
this AD, as applicable.


[[Page 3127]]



 Table 1--Structural Repair Manuals Acceptable Before the Effective Date
                               of This AD
------------------------------------------------------------------------
            Document               Revision              Date
------------------------------------------------------------------------
Airbus A330 Structural Repair             60  October 1, 2008.
 Manual.
Airbus A330 Structural Repair             61  January 1, 2009.
 Manual.
Airbus A340-200/-300 Structural           64  October 1, 2008.
 Repair Manual.
Airbus A340-200/-300 Structural           65  January 1, 2009.
 Repair Manual.
------------------------------------------------------------------------

     (4) As of the effective date of this AD, no person may replace 
a movable flap track fairing No. 3 on that airplane, unless the 
replacement fairing has been modified or repaired in accordance with 
the requirements of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI prohibits replacement of the affected part 
after modification, but this AD prohibits replacing the affected 
part as of the effective date of this AD.

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: 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) 227-1320. 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 2008-0153, dated August 8, 2008; and Airbus Mandatory 
Service BulletinsA330-57-3095, Revision 02, and A340-57-4103, 
Revision 01, both dated April 3, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-57-3095, 
Revision 02, dated April 3, 2008; or Airbus Mandatory Service 
Bulletin A340-57-4103, Revision 01, dated April 3, 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; 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 16, 2009.
Stephen P. Boyd,
Acting Manager,
    Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-487 Filed 1-19-10; 8:45 am]
BILLING CODE 4910-13-P