[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Rules and Regulations]
[Pages 16914-16916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6778]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0272; Directorate Identifier 2011-NM-042-AD; 
Amendment 39-16989; AD 2012-06-08]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 certain 
Airbus Model A340-211, -212, -311, and -312 airplanes. This AD requires 
repetitive inspections for cracking at the fastener hole area just 
above stringer 28, of both left- and right-hand fuselage frame 39.1, 
and repair if necessary. This AD was prompted by a determination that 
certain airplanes were not included in a certain airworthiness 
limitation item (ALI) task (inspections for cracking of the fuselage 
frame 39.1) and that the inspections must be done to address the 
identified unsafe condition. We are issuing this AD to detect and 
correct cracking in the fuselage that could result in reduced 
structural integrity of the airplane.

DATES: This AD becomes effective April 9, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 9, 
2012.
    We must receive comments on this AD by May 7, 2012.

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, 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 2010-0245, dated November 26, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Airworthiness Limitation Item (ALI) task 533105-01-01 is 
applicable to aeroplanes on which Airbus modification 40391 has not 
been embodied in production. The requirements associated to this 
task are applicable to aeroplanes on which Modification Proposal 
(MP-S10437) has not been embodied.
    Following a query from an operator, investigations revealed that 
some MSN [manufacturer serial number], for which Airbus modification 
40391 was indicated as fully embodied inside the Aircraft Inspection 
Report (AIR), did not have Modification Proposal (MP-S10437) which 
is part of this modification embodied in production.
    As a result, ALI task 533105-01-01 has not been taken into 
account for some MSN listed in the applicability section of this AD, 
which constitutes an unsafe condition.
    For the reasons described above, this [EASA] AD requires 
repetitive special detailed inspections [for cracking] corresponding 
to ALI task 533105-01-01 and the accomplishment of the associated 
corrective actions [repair], for all aeroplanes to which this task 
is applicable. Airworthiness Limitation Item (ALI) task 533105-01-01 
will be deleted in the next ALS [Airworthiness Limitations Section] 
Part 2 revision.

The unsafe condition is cracking in the fuselage that could result in 
reduced structural integrity 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 A340-53-4184, 
including Appendices 01 and 02, dated October 5, 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.

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.

[[Page 16915]]

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-2012-0272; Directorate 
Identifier 2011-NM-042-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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

    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:

2012-06-08 Airbus: Amendment 39-16989. Docket No. FAA-2012-0272; 
Directorate Identifier 2011-NM-042-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 9, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A340-211, -212, -311, and -312 
airplanes; certificated in any category; having manufacturer serial 
numbers (MSN) 0002, 0003, 0005 through 0009 inclusive, 0011, 0013, 
0014, 0015, 0018 through 0023 inclusive, 0025, 0026, and 0027.

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Reason

    This AD was prompted by a determination that certain airplanes 
were not included in a certain airworthiness limitation item (ALI) 
task (inspections for cracking of the fuselage frame 39.1) and that 
the inspections must be done to address the identified unsafe 
condition. We are issuing this AD to detect and correct cracking in 
the fuselage that could result in reduced structural integrity of 
the airplane.

(f) Compliance

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

(g) Inspection

    At the later of the times specified in paragraphs (g)(1) or 
(g)(2) of this AD: Do an ultrasonic inspection for cracking at the 
fastener hole area just above stringer 28, of both left- and right-
hand fuselage frame 39.1, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-53-4184, 
excluding Appendices 01 and 02, dated October 5, 2010. Repeat the 
inspection thereafter at intervals not to exceed 7,850 flight cycles 
or 53,300 flight hours, whichever occurs first.
    (1) Before the accumulation of 13,600 total flight cycles or 
92,100 total flight hours since the first flight of the airplane, 
whichever occurs first; or
    (2) Within 6 months after the effective date of this AD.

(h) Repair

    If any cracking is found during any inspection required by 
paragraph (g) of this AD, before further flight, repair the crack 
using a method approved by Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or European Aviation Safety 
Agency (EASA) (or its delegated agent).

(i) Credit for Previous Actions

    This paragraph provides credit for the initial inspection only, 
as required by paragraph (g) of this AD, if the inspection was done 
before the effective date of this AD using Task 533105-01-01, 
``Special Detailed Inspection of Fuselage Internal Structure, 
Fastener Hole Area Above Stringer 28 at FR 39.1 Web Junction on 
Hoist Fitting, LH/RH,'' of Section 2.1, ``A340-200/300 Airworthiness 
Limitations,'' of the Airworthiness Limitations Section (ALS), Part 
2 ``Damage-Tolerant Airworthiness Limitation Items,'' of the Airbus 
A340 Airworthiness Limitation Items (ALI) document 95A.0051/97, 
Issue 11, dated February, 2009.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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 emailed 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. The AMOC approval letter must 
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from

[[Page 16916]]

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.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (EASA) Airworthiness Directive 2010-
0245, dated November 26, 2010; and Airbus Mandatory Service Bulletin 
A340-53-4184, excluding Appendices 01 and 02, dated October 5, 2010; 
for related information.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Airbus Mandatory Service Bulletin A340-53-4184, dated 
October 5, 2010.
    (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; email [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 an NARA facility, 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 March 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6778 Filed 3-22-12; 8:45 am]
BILLING CODE 4910-13-P