[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Rules and Regulations]
[Pages 4477-4480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1277]


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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; 
Amendment 39-16181; AD 2010-02-10]
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; Model A340-211, -212, -213, -311, -312, and -313 
Series Airplanes; and Model A340-541 and -642 Airplanes

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

ACTION: Final rule.

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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:

    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.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 4, 2010. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD as of March 4, 2010.

[[Page 4478]]


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) 227-1149.

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 September 4, 2009 
(74 FR 45781). That NPRM proposed 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 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.

Comments

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

Correction of Labor Estimate

    Air Transport Association (ATA), on behalf of its member Northwest 
Airlines (NWA), states that the labor estimates are significantly 
underestimated in the proposed AD. NWA states that the NPRM estimate of 
2 work-hours should be revised to specify 18 work-hours, based on work-
hours listed in the vendor service bulletins.
    We agree that the labor estimates are underestimated. The service 
bulletins cited in the proposed AD call for a total of 4 work-hours, 
but only to get access. The Airbus service bulletins refer to the 
vendor service bulletins for inspection time and repair. The vendor 
service bulletins identify up to 8 work-hours per bogie beam for a 
total of up to 16 work-hours for the inspection per airplane. However, 
we have not included the time to perform on-condition actions, such as 
repair. The ``Cost of Compliance'' section has been changed 
accordingly.

Clarification of Compliance Times and Affected Airplanes

    The ATA, on behalf of its member NWA, states that clarification of 
the compliance time is needed in paragraphs (f)(1)(ii), (f)(1)(iii), 
and (f)(1)(iv) of the proposed AD. Where the paragraphs specify time or 
flight cycles on the new or overhauled bogie beam, the operator 
proposes to refer to the time or flight cycles from the installation 
date of the new or overhauled bogie beam in service.
    We agree and have made changes to paragraphs (f)(1)(ii), 
(f)(1)(iii), and (f)(1)(iv) of this AD accordingly. Similar changes 
have been made to paragraphs (f)(1)(v) and (f)(1)(vi) of this AD.

Explanation of Changes Made To This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes 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. 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 52 products of U.S. registry. 
We also estimate that it will take about 16 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $66,560, or $1,280 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

[[Page 4479]]

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:

2010-02-10 AIRBUS: Amendment 39-16181. Docket No. FAA-2009-0782; 
Directorate Identifier 2009-NM-011-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 4, 
2010.

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; Model A340-211, -212, -213, -311, -312, -313 
series airplanes; and Model 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 from the installation date of a new bogie beam in service as of 
the effective date of this AD: Not earlier than 2,500 flight cycles 
or 22 months from the installation date of the new bogie beam, 
whichever occurs first, but no later than 40 months from the 
installation date of a new bogie beam in service.
    (iii) Airplanes with 22 months or less and 2,500 flight cycles 
or less from the installation date of an overhauled bogie beam in 
service as of the effective date of this AD: Not earlier than 2,500 
flight cycles or 22 months from the installation date of the 
overhauled bogie beam in service, whichever occurs first, but no 
later than 40 months from the installation date of the overhauled 
bogie beam in service.
    (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 from the installation date of a new bogie beam 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 from the installation date of an overhauled bogie beam 
in service, as of the effective date of this AD: Within 18 months 
after the effective date of this AD.

                       Table 1--Service Bulletins
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                                  Use Airbus
                                  Mandatory
         For model--               Service               Dated--
                                  Bulletin--
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A330-201, -202, -203, -223, -  A330-32-3220...  October 10, 2008.
 243, -301, -302, -303, -321,
 -322, -323, -341, -342, -343
 series airplanes.
A340-211, -212, -213, -311, -  A340-32-4264...  October 10, 2008.
 312, -313 series airplanes.
A340-541, -642 airplanes.....  A340-32-5087...  October 10, 2008.
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[[Page 4480]]

    (2) Report the results of the inspection required by paragraph 
(f)(1) of this AD, including no findings, 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 [email protected]; 
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, 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, 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 (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 (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.

Material Incorporated by Reference

    (i) You must use the service information contained in Table 2 of 
this AD, 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.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
 Airbus Mandatory  Service Bulletin--               Dated--
------------------------------------------------------------------------
A330-32-3220.........................  October 10, 2008.
A340-32-4264.........................  October 10, 2008.
A340-32-5087.........................  October 10, 2008.
------------------------------------------------------------------------


    Issued in Renton, Washington, on January 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1277 Filed 1-27-10; 8:45 am]
BILLING CODE 4910-13-P