[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Rules and Regulations]
[Pages 50856-50858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0763; Directorate Identifier 2009-NM-253-AD] 
Amendment 39-16394; AD 2010-17-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A380-800 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:

    A crack has been found on the Droop Nose (DN) 1 master sidestay 
bracket on the inboard leading edge of an Airbus A380 flight test 
aeroplane.
    In case of failure of the master bracket, the sub-master bracket 
would be able to sustain limit loads but not ultimate loads.
    This condition, if not detected and corrected, could lead to a 
DN failure which would affect the structural integrity of that wing 
area.
* * * * *

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective September 2, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 2, 
2010.
    We must receive comments on this AD by October 4, 2010.

[[Page 50857]]


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 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: Shahram Daneshmandi, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-1112; 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 2009-0213, dated October 8, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A crack has been found on the Droop Nose (DN) 1 master sidestay 
bracket on the inboard leading edge of an Airbus A380 flight test 
aeroplane.
    In case of failure of the master bracket, the sub-master bracket 
would be able to sustain limit loads but not ultimate loads.
    This condition, if not detected and corrected, could lead to a 
DN failure which would affect the structural integrity of that wing 
area.
    This AD requires an inspection programme to detect any crack in 
the DN 1 master sidestay bracket and subsequently in the sub-master 
bracket, and the accomplishment of the associated corrective 
actions, as applicable.

Corrective actions include replacing the cracked DN 1 master sidestay 
bracket, performing a detailed visual inspection for cracks of the 
associated DN 1 sub-master sidestay bracket, and contacting Airbus if 
cracks are found on the DN 1 sub-master sidestay bracket. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A380-57-8019, dated 
August 5, 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 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 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 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.

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-2010-0763; Directorate 
Identifier 2009-NM-253-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 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;

[[Page 50858]]

    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.

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:

2010-17-04 Airbus: Amendment 39-16394. Docket No. FAA-2010-0763; 
Directorate Identifier 2009-NM-253-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 2, 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 continuing airworthiness information (MCAI) 
states:

    A crack has been found on the Droop Nose (DN) 1 master sidestay 
bracket on the inboard leading edge of an Airbus A380 flight test 
aeroplane.
    In case of failure of the master bracket, the sub-master bracket 
would be able to sustain limit loads but not ultimate loads.
    This condition, if not detected and corrected, could lead to a 
DN failure which would affect the structural integrity of that wing 
area.
* * * * *

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) Before the accumulation of 1,250 total flight cycles or 
within 30 days after the effective date of this AD, whichever occurs 
later, do a detailed visual inspection (DVI) of the left-hand and 
right-hand DN 1 master sidestay brackets to detect cracks, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A380-57-8019, dated August 5, 2009.
    (1) If no cracks are found, repeat the inspection at intervals 
not to exceed 1,250 flight cycles.
    (2) If any crack is found, before further flight, replace the 
cracked DN 1 master sidestay bracket and perform a DVI for cracks of 
the associated DN 1 sub-master sidestay bracket, in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A380-57-8019, dated August 5, 2009.
    (i) If no crack is found during the inspection specified in 
paragraph (g)(2) of this AD, repeat the inspection of the DN 1 
master sidestay brackets specified in paragraph (g) of this AD at 
intervals not to exceed 1,250 flight cycles.
    (ii) If any crack is found during the inspection specified in 
paragraph (g)(2) of this AD, before further flight, contact Airbus 
and repair in accordance with a method approved by the Manager, 
International Branch, ANM 116, Transport Airplane Directorate, FAA, 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).
    (h) Replacement of cracked DN 1 master sidestay brackets, as 
specified in paragraph (g)(2) of this AD, is not a terminating 
action for the repetitive inspections required by 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

    (i) 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: 
Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 227-1112; 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

    (j) Refer to MCAI EASA Airworthiness Directive 2009-0213, dated 
October 8, 2009; and Airbus Mandatory Service Bulletin A380-57-8019, 
dated August 5, 2009; for related information.

Material Incorporated by Reference

    (k) You must use Airbus Mandatory Service Bulletin A380-57-8019, 
dated August 5, 2009, 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--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.
    (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 July 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19723 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P