[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Pages 48021-48024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18461]


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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; 
Amendment 39-17928; AD 2014-16-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2008-14-17 for 
certain Airbus Model A330-200 and A340-300 series airplanes. AD 2008-
14-17 required a high frequency eddy current (HFEC) inspection, 
corrective actions if necessary, and modifications. This new AD 
requires the same actions as those required by AD 2008-14-17, but with 
a reduced compliance time. This AD was prompted by a determination from 
a fatigue and damage tolerance evaluation that the compliance time 
needs to be revised. We are issuing 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: This AD becomes effective September 19, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
19, 2014.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 48022]]

of certain other publications listed in this AD as of August 21, 2008 
(73 FR 40958, July 17, 2008).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0121; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 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.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-14-17, Amendment 39-15612 (73 FR 40958, 
July 17, 2008). AD 2008-14-17 applied to certain Airbus Model A330-200 
and A340-300 series airplanes. The NPRM published in the Federal 
Register on March 3, 2014 (79 FR 11717).
    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 certain Airbus Model 
A330-200 and A340-300 series airplanes. 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.
    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/#!documentDetail;D=FAA-2014-0121-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 11717, March 3, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or 
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of 
deviations during the accomplishment of an AD-mandated action. The 
Airworthy Product paragraph does not approve messages or other 
information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, EASA, or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR

[[Page 48023]]

11717, March 3, 2014) for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 11717, March 3, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 7 airplanes of U.S. registry.
    We estimate the following costs to comply with this 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.               per hour = $25,500.
AD 2008-14-17, Amendment 39-15612
 (73 FR 40958, July 17, 2008)].
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    The new requirements of this AD add 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=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 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.

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 removing Airworthiness Directive (AD) 
2008-14-17, Amendment 39-15612 (73 FR 40958, July 17, 2008), and adding 
the following new AD:

2014-16-04 Airbus: Amendment 39-17928. Docket No. FAA-2014-0121; 
Directorate Identifier 2013-NM-151-AD.

(a) Effective Date

    This AD becomes effective September 19, 2014.

(b) Affected ADs

    This AD replaces 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 (MSNs), 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 MSNs on 
which Airbus Modification 44205 has been embodied in production, 
except those on which Airbus Modification 52974, 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 upper shell structure at the skin and frame 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

    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

[[Page 48024]]

Accomplishment Instructions of Airbus 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

    This paragraph restates the requirements of paragraph (f)(2) of 
AD 2008-14-17, Amendment 39-15612 (73 FR 40958, July 17, 2008), with 
revised paragraph formatting. 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 Service Bulletin A330-53-3152, dated April 10, 2007, 
which was incorporated by reference in AD 2008-14-17, Amendment 39-
15612 (73 FR 40958,
    July 17, 2008).
    (2) Airbus Service Bulletin A330-53-3152, Revision 1, dated May 
5, 2009, which is not incorporated by reference in this AD.
    (3) Airbus Service Bulletin A330-53-3152, Revision 2, dated July 
27, 2011, which is not incorporated by reference in this AD.

(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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(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. You may examine 
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0121-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference in this AD is available at the addresses 
specified in paragraphs (l)(5) and (l)(6) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
September 19, 2014.
    (i) Airbus Service Bulletin A330-53-3152, Revision 3, dated 
December 22, 2011.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
August 21, 2008 (73 FR 40958, July 17, 2008).
    (i) Airbus Service Bulletin A330-53-3157, dated July 5, 2006.
    (ii) Airbus Service Bulletin A340-53-4163, dated July 5, 2006.
    (5) 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.
    (6) 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.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 23, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-18461 Filed 8-14-14; 8:45 am]
BILLING CODE 4910-13-P