[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22308-22310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9277]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0310; Directorate Identifier 2010-NM-133-AD; 
Amendment 39-16663; AD 2011-09-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-541 and -642 
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:
* * * * *
    * * * [S]ome Allowable Damage Limits and Repairs published in 
SRM Chapters 57-61-12 PB101 and 57-61-12 PB201 were de-validated 
starting from the SRM revision issued on January 2009. The 
terminology ``De-validated SRM'' used in this AD text refers to the 
SRM chapters mentioned above.
    In order to prevent complete inner aileron split due to possible 
failure or disbonding of the repairs on the inner aileron panels 
performed as per ``devalidated SRM'', which may result in flutter 
coupling of the free aileron part, this AD requires a one time 
inspection of the inner aileron panels to identify the presence of 
``de-validated SRM'' repairs and, if necessary, to apply the 
associated corrective actions [repair].

The flutter coupling of the free aileron part might result in 
separation of the aileron from the airplane, degradation of airplane 
control, and increased workload for the flight crew. This AD requires 
actions that are intended to address the unsafe condition described in 
the MCAI.

DATES: This AD becomes effective May 6, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 6, 2011.
    We must receive comments on this AD by June 6, 2011.

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

[[Page 22309]]

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, 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0056, dated March 29, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Following a Structural Repair Manual (SRM) repair strength re-
valuation, some Allowable Damage Limits (ADL) and Repairs of holes 
and delaminations in composite panels have been found to be no more 
compliant with certification requirements for A340-500/-600 inner 
aileron.
    Therefore, some Allowable Damage Limits and Repairs published in 
SRM Chapters 57-61-12 PB101 and 57-61-12 PB201 were de-validated 
starting from the SRM revision issued on January 2009. The 
terminology ``De-validated SRM'' used in this AD text refers to the 
SRM chapters mentioned above. In order to prevent complete inner 
aileron split due to possible failure or disbonding of the repairs 
on the inner aileron panels performed as per ``devalidated SRM'', 
which may result in flutter coupling of the free aileron part, this 
AD requires a one time inspection [tap test and detailed visual 
inspection or thermography inspection] of the inner aileron panels 
to identify the presence of ``de-validated SRM'' repairs and, if 
necessary, to apply the associated corrective actions [repair].

The flutter coupling of the free aileron part may result in separation 
of the aileron from the airplane, degradation of airplane control, and 
increased workload for the flight crew. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-57-5026, 
including Appendices 1 and 2, dated February 1, 2010. 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-2011-0310; Directorate 
Identifier 2010-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 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.

[[Page 22310]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

2011-09-01 Airbus: Amendment 39-16663. Docket No. FAA-2011-0310; 
Directorate Identifier 2010-NM-133-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 6, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-541, and -642 
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:
* * * * *
    * * * [S]ome Allowable Damage Limits and Repairs published in 
SRM Chapters 57-61-12 PB101 and 57-61-12 PB201 were de-validated 
starting from the SRM revision issued on January 2009. The 
terminology ``De-validated SRM'' used in this AD text refers to the 
SRM chapters mentioned above.
    In order to prevent complete inner aileron split due to possible 
failure or disbonding of the repairs on the inner aileron panels 
performed as per ``devalidated SRM'', which may result in flutter 
coupling of the free aileron part, this AD requires a one time 
inspection of the inner aileron panels to identify the presence of 
``de-validated SRM'' repairs and, if necessary, to apply the 
associated corrective actions [repair].

    The flutter coupling of the free aileron part may result in 
separation of the aileron from the airplane, degradation of airplane 
control, and increased workload for the flight crew.

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.

Inspection

    (g) Within 800 flight hours after the effective date of this AD, 
do a tap test and detailed inspection or a thermography inspection 
of the affected inner aileron panels at the left and right wings to 
detect any previously accomplished repairs performed in accordance 
with any de-validated structural repair manual (SRM) defined in 
Airbus Mandatory Service Bulletin A340-57-5026, dated February 1, 
2010; do the actions in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-57-5026, 
dated February 1, 2010.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (h) A review of airplane maintenance records is acceptable in 
lieu of the inspection required by paragraph (g) of this AD if the 
repairs performed in accordance with de-validated SRM, defined in 
Airbus service bulletin A340-57-5026, dated February 1, 2010 (SRM 
revisions dated before January 2009), can be conclusively identified 
from that review.

Repair

    (i) If any de-validated SRM repairs are found during any actions 
required by this AD, before further flight, repair in accordance 
with a method approved by either the Manager, International Branch, 
ANM 116, Transport Airplane Directorate, FAA; or the European 
Aviation Safety Agency (or its delegated agent).

Parts Installation

    (j) As of the effective date of this AD, no person may install 
an inner aileron panel having a de-validated SRM repair as defined 
in Airbus Mandatory Service Bulletin A340-57-5026, dated February 1, 
2010, unless it is inspected as specified in paragraph (g) of this 
AD and all applicable corrective actions are done.

FAA AD Differences

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

Other FAA AD Provisions

    (k) 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it 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. 
Information may be e-mailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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.

Related Information

    (l) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2010-0056, dated March 29, 2010; 
and Airbus Mandatory Service Bulletin A340-57-5026, dated February 
1, 2010; for related information.

Material Incorporated by Reference

    (m) You must use Airbus Mandatory Service Bulletin A340-57-5026, 
excluding Appendix 1 and including Appendix 2, dated February 1, 
2010, 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; 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.
    (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 April 8, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-9277 Filed 4-20-11; 8:45 am]
BILLING CODE 4910-13-P