[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Proposed Rules]
[Pages 11717-11719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04501]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0121; Directorate Identifier 2013-NM-151-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2008-14-
17, for certain Airbus Model A330-200 and A340-300 series airplanes. AD 
2008-14-17 currently requires a high frequency eddy current (HFEC) 
inspection, corrective actions if necessary, and modifications. Since 
we issued AD 2008-14-17, it has been determined from a fatigue and 
damage tolerance evaluation that the compliance time needs to be 
revised. This proposed AD would require the same actions as those 
required by AD 2008-14-17, but with a reduced compliance time. We are 
proposing this AD to detect and correct damage of the upper shell 
structure at the skin and frame interface, which could result in 
reduced structural integrity of the airframe.

DATES: We must receive comments on this proposed AD by April 17, 2014.

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.
    For service information identified in this proposed 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. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0121; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the MCAI, 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, WA 98057-3356; telephone (425) 227-1138; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0121; 
Directorate Identifier 2013-NM-151-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    On June 27, 2008, we issued AD 2008-14-17, Amendment 39-15612 (73 
FR 40958, July 17, 2008). AD 2008-14-17 requires actions intended to 
address an unsafe condition on certain Airbus Model A330-200 and A340-
300 series airplanes.
    Since we issued AD 2008-14-17, Amendment 39-15612 (73 FR 40958, 
July 17, 2008), it has been determined from a fatigue and damage 
tolerance evaluation that the compliance time of the HFEC inspection 
for cracking, and modification of the upper shell structure of the 
fuselage needs to be revised.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0158, dated July 22, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During fatigue tests (EF3) on an A340-600 aeroplane, multiple 
damage was found in the upper side shell structure at skin and frame 
(FR) 84 and 85 interface, from stringer 6 to 15 Left-Hand (LH) and 
Right Hand (RH). This damage occurred between 58 341 and 72 891 
simulated flight cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
skin thickness) for A330-200 and A340-300 aeroplanes, the damage 
assessment concluded that these aeroplanes can potentially be 
impacted.
    This condition, if not detected and corrected, could result in 
reduced structural integrity of the airframe.
    Prompted by these findings, EASA issued [an] AD * * * to require 
a one-time inspection and a modification to improve the upper shell 
structure.

[[Page 11718]]

    EASA AD 2007-0269R1 [(http://ad.easa.europa.eu/blob/easa_ad_2007_0269R1_superseded.pdf/AD_2007-0269R1_2)], which corresponds 
to FAA AD 2008-14-17, Amendment 39-15612 (73 FR 40958) was issued to 
clarify the fact that the [EASA] AD was not applicable to A340-300 
aeroplanes on which both Airbus Mod 44205 and Mod 45012 have been 
embodied in production.
    Since that [EASA] AD was issued, in the frame of a new fatigue 
and damage tolerance evaluation, taking into account the aeroplane 
utilization, the threshold and intervals were reassessed. This 
reassessment concluded that, in that specific case, the threshold 
for modifying the aeroplane must be reduced.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2007-0269R1, which is superseded, but 
requires these actions within the new thresholds.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0121.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-53-3152, Revision 
03, dated December 22, 2011. 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 7 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and Modification           300 work-hours x $85            $72,730          $98,230         $687,610
 [retained actions from AD 2008-14-    per hour = $25,500.
 17, Amendment 39-15612 (73 FR
 40958, July 17, 2008)].
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    This proposed AD adds no additional economic burden.

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;
    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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2008-14-
17, Amendment 39-15612 (73 FR 40958, July 17, 2008), and adding the 
following new AD:

Airbus: Docket No. FAA-2014-0121; Directorate Identifier 2013-NM-
151-AD.

(a) Comments Due Date

    We must receive comments by April 17, 2014.

(b) Affected ADs

    This AD supersedes AD 2008-14-17, Amendment 39-15612 (73 FR 
40958, July 17, 2008).

(c) Applicability

    This AD applies to the airplanes, certificated in any category, 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-201, -202, -203, -223, and -243 airplanes, 
all manufacturer serial numbers (MSN), on which Airbus modification 
44205 has been embodied in production, except those on which Airbus 
modification 52974 or modification 53223 has been embodied in 
production.
    (2) Airbus Model A340-311, -312, and -313 airplanes, all MSN on 
which Airbus modification 44205 has been embodied in production, 
except those on which Airbus modification 52974 or modification 
53223 or modification 45012 has been embodied in production.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination from a fatigue and 
damage tolerance evaluation that the compliance time of the high 
frequency eddy current (HFEC) inspection for cracking, and 
modification of the upper shell structure of the fuselage needs to 
be revised. We are issuing this AD to detect and correct damage of 
the of the upper shell structure at the skin and frame

[[Page 11719]]

interface, which could result in reduced structural integrity of the 
airframe.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Inspection With Reduced Compliance Times and Revised 
Service Information

    This paragraph restates the requirements of paragraph (f)(1) of 
AD 2008-14-17, Amendment 39-15612 (73 FR 40958, July 17, 2008), with 
reduced compliance times and revised service information. For Airbus 
Model A330-200 series airplanes, as identified in paragraph (c) of 
this AD, on which Modification 45012 has been embodied in 
production: Within the applicable compliance times specified in 
paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this AD, do the 
HFEC inspection for cracking, and corrective actions as applicable; 
and modify the upper shell structure of the fuselage; in accordance 
with the Accomplishment Instructions of Airbus Mandatory Service 
Bulletin A330-53-3152, Revision 3, dated December 22, 2011. Do all 
applicable corrective actions before further flight.
    (1) For airplanes pre-modification 48827 with short range 
utilization: At the later of the times specified in paragraph 
(g)(1)(i) or (g)(1)(ii) of this AD.
    (i) Prior to 24,400 total flight cycles or 85,400 total flight 
hours, whichever occurs first.
    (ii) Within 12 months after the effective date of this AD 
without exceeding 25,400 total flight cycles.
    (2) For airplanes pre-modification 48827 with long range 
utilization: At the later of the times specified in paragraph 
(g)(2)(i) or (g)(2)(ii) of this AD.
    (i) Prior to 18,900 total flight cycles or 122,900 total flight 
hours, whichever occurs first.
    (ii) Within 12 months after the effective date of this AD 
without exceeding 25,400 total flight cycles.
    (3) For airplanes post-modification 48827 with short range 
utilization: At the later of the times specified in paragraph 
(g)(3)(i) or (g)(3)(ii) of this AD.
    (i) Prior to 16,400 total flight cycles or 57,400 total flight 
hours, whichever occurs first.
    (ii) Within 12 months after the effective date of this AD 
without exceeding 17,100 total flight cycles or 94,700 total flight 
hours, whichever occurs first.
    (4) For airplanes post-modification 48827 with long range 
utilization: At the later of the times specified in paragraph 
(g)(4)(i) or (g)(4)(ii) of this AD.
    (i) Prior to 12,700 total flight cycles or 82,700 total flight 
hours, whichever occurs first.
    (ii) Within 12 months after the effective date of this AD 
without exceeding 17,100 total flight cycles or 94,700 total flight 
hours, whichever occurs first.

(h) Retained Modification With Revised Formatting

    This paragraph restates the requirements of paragraph (f)(2) of 
AD 2008-14-17, Amendment 39-15612 (73 FR 40958, July 17, 2008). For 
Airbus Model A330-200 and A340-300 series airplanes as identified in 
paragraph (c) of this AD, on which Modification 45012 has not been 
embodied in production: At the later of the compliance times 
specified in paragraphs (h)(1) and (h)(2) of this AD, modify the 
upper shell structure of the fuselage, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A330-53-3157 
or Airbus Service Bulletin A340-53-4163, both dated July 5, 2006, as 
applicable.
    (1) For the airplanes identified in paragraphs (h)(1)(i) and 
(h)(1)(ii) of this AD.
    (i) For Model A330-200 series airplanes, prior to 6,600 total 
flight cycles.
    (ii) For Model A340-300 series airplanes, prior to 14,000 total 
flight cycles.
    (2) Within 90 days after August 21, 2008 (the effective date of 
AD 2008-14-17, Amendment 39-15612 (73 FR 40958, July 17, 2008)).

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the service information specified in paragraph 
(i)(1), (i)(2), or (i)(3) of this AD.
    (1) Airbus Mandatory Service Bulletin A330-53-3152, dated April 
10, 2007.
    (2) Airbus Mandatory Service Bulletin A330-53-3152, Revision 1, 
dated May 5, 2009.
    (3) Airbus Mandatory Service Bulletin A330-53-3152, Revision 2, 
dated July 27, 2011.

(j) Other FAA AD Provisions

    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, 
WA 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 a manufacturer, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or by the DAH with a State of Design Authority's 
design organization approval, as applicable). You are required to 
ensure the product is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0158, dated July 22, 2013, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2014-0121.
    (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. You may view this service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04501 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P