[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7931-7934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0038; Directorate Identifier 2009-NM-110-AD; 
Amendment 39-16203; AD 2010-04-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A380-841, -842, and -861 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing 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:

    During the flight test campaign of the A380-861 model (Engine 
Alliance powered), some cracks were found on the Movable Flap Track 
Fairing number 6 (MFTF<greek-i>6).
    These cracks were located at the pivot attachment support-ring 
and at the U-frame in the attachment area to aft-kinematic. In 
addition, delamination has been observed within the monolithic 
Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot 
support-ring.
    This condition, if not corrected, could lead to in-flight loss 
of the MFTF<greek-i>6, potentially resulting in injuries to persons 
on the ground.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective March 10, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 10, 
2010.
    On May 28, 2009 (74 FR 22422, May 13, 2009), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication listed in the AD.
    We must receive comments on this AD by April 9, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 1, 2009, the FAA issued AD 2009-10-07, Amendment 39-15902 
(74 FR 22422, May 13, 2009). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued that AD, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2009-0152, 
dated July 14, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    During the flight test campaign of the A380-861 model (Engine 
Alliance powered), some cracks were found on the Movable Flap Track 
Fairing number 6 (MFTF<greek-i>6).
    These cracks were located at the pivot attachment support-ring 
and at the U-frame in the attachment area to aft-kinematic. In 
addition, delamination has been observed within the monolithic 
Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot 
support-ring.
    This condition, if not corrected, could lead to in-flight loss 
of the MFTF<greek-i>6, potentially resulting in injuries to persons 
on the ground.
    To prevent the risk of a MFTF<greek-i>6 detachment, EASA AD 
2008-0216 (which corresponds to FAA AD 2009-10-07) required an 
inspection programme in order to

[[Page 7932]]

detect cracks before they become critical and in case of findings to 
replace the MFTF<greek-i>6.
    This AD, which supersedes EASA AD 2008-0216:
    <bullet> Cancels the MFTF<greek-i>6 General Visual Inspection 
requirement,
    <bullet> Refers to Airbus Service Bulletin A380-57-8014 Revision 
1 * * *
    <bullet> Introduces an optional terminating action [installing 
reinforced part].

    AD 2009-10-07 applies to all Airbus Model A380-841, -842, and -861 
airplanes. This AD retains the requirements of AD 2009-10-07. Airplanes 
were removed from the applicability of AD 2009-10-07 by excluding 
airplanes on which Airbus modification 68729 is done in production. 
This AD also revises the compliance time for the inspections of 
replaced parts. The compliance time is reduced for certain parts and 
extended for certain other parts, depending on the flight cycles since 
first installation of the part. The replacement parts must be inspected 
within the thresholds specified in paragraph (f)(1) of this AD.

Relevant Service Information

    Since we issued AD 2009-10-07, Airbus has issued Mandatory Service 
Bulletin A380-57-8014, Revision 01, dated June 5, 2009; and Service 
Bulletin A380-57-8017, dated June 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 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-2010-0038; Directorate 
Identifier 2009-NM-110-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.

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 removing Amendment 39-15902 (74 FR 
22422, May 13, 2009) and adding the following new AD:

2010-04-10 Airbus: Amendment 39-16203. Docket No. FAA-2010-0038; 
Directorate Identifier 2009-NM-110-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
10, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-10-07, Amendment 39-15902.

Applicability

    (c) This AD applies to Airbus Model A380-841, -842, and -861 
airplanes, certificated in any category, all serial numbers, except 
airplanes on which Airbus modification 68729 has been done in 
production.

[[Page 7933]]

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    During the flight test campaign of the A380-861 model (Engine 
Alliance powered), some cracks were found on the Movable Flap Track 
Fairing number 6 (MFTF<greek-i>6).
    These cracks were located at the pivot attachment support-ring 
and at the U-frame in the attachment area to aft-kinematic. In 
addition, delamination has been observed within the monolithic 
Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot 
support-ring.
    This condition, if not corrected, could lead to in-flight loss 
of the MFTF<greek-i>6, potentially resulting in injuries to persons 
on the ground.
    To prevent the risk of a MFTF<greek-i>6 detachment, EASA AD 
2008-0216 required an inspection programme in order to detect cracks 
before they become critical and in case of findings to replace the 
MFTF<greek-i>6.
    This AD, which supersedes EASA AD 2008-0216:
    <bullet> Cancels the MFTF<greek-i>6 General Visual Inspection 
requirement,
    <bullet> Refers to Airbus Service Bulletin A380-57-8014 Revision 
1, * * *
    <bullet> Introduces an optional terminating action.

Restatement of Requirements of AD 2009-10-07, With Revised Inspection, 
Service Information, and Compliance Time for the Inspection of Replaced 
Parts

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in paragraph (f)(1)(i) or 
(f)(1)(ii) of this AD for the left- and right-hand MFTF<greek-i>6, 
do a special detailed (ultrasonic and high-frequency eddy current) 
inspection of the filet radii of pivot supports, monolithic carbon 
fibre reinforced plastic structures, and radii of the U-frame, for 
cracking and delamination in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A380-57-8014, dated November 
21, 2008; or Airbus Mandatory Service Bulletin A380-57-8014, 
Revision 01, dated June 5, 2009. After the effective date of this 
AD, use only Revision 01.
    (i) For Airbus Model A380-841 and -842 airplanes: Before the 
MFTF<greek-i>6 has accumulated 500 total flight cycles since its 
first installation on an airplane, or within 30 flight hours after 
May 28, 2009 (the effective date of AD 2009-10-07), whichever occurs 
later.
    (ii) For Model A380-861 airplanes: Before the MFTF<greek-i>6 has 
accumulated 100 total flight cycles since its first installation on 
an airplane, or within 30 flight hours after May 28, 2009, whichever 
occurs later.
    (2) If no cracking and no delamination are found during any 
inspection required by paragraph (f)(1) of this AD, repeat the 
inspections required by paragraph (f)(1) of this AD thereafter at 
intervals not to exceed the applicable time specified in paragraph 
(f)(2)(i) or (f)(2)(ii) of this AD.
    (i) For Model A380-841 and -842 airplanes: 50 flight cycles.
    (ii) For Model A380-861 airplanes: 10 flight cycles.
    (3) If any cracking or delamination is found during any 
inspection required by paragraph (f)(1) or (f)(2) of this AD, before 
further flight, replace the MFTF<greek-i>6 with a new or serviceable 
part, in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A380-57-8014, dated November 21, 2008; or Airbus 
Mandatory Service Bulletin A380-57-8014, Revision 01, dated June 5, 
2009. For parts replaced before the effective date of this AD, 
repeat the inspections specified in paragraph (f)(1) of this AD at 
the later of the times specified in paragraphs (f)(3)(i) and 
(f)(3)(ii) of this AD. For parts replaced on or after the effective 
date of this AD, repeat the inspections specified in paragraph 
(f)(1) of this AD at the applicable time defined in paragraph (f)(1) 
of this AD. After the effective date of this AD, use only Revision 
01 for the replacement.
    (i) At the applicable time defined in paragraph (f)(2) of this 
AD.
    (ii) At the applicable time defined in paragraph (f)(1) of this 
AD.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) In case of MFTF<greek-i>6 replacement, submit a report using 
Appendix 01 of Airbus Service Bulletin A380-57-8014, dated November 
21, 2008, to Airbus Central Entity, Dept SEES5, 1, Rond Point 
Maurice Bellonte, 31707 Blagnac, France; e-mail 
<a href="/cdn-cgi/l/email-protection#a9efdbcccdccdbc0ca87c4c6c5c0c7c0ccdbe9c8c0dbcbdcda87cac6c4"><span class="__cf_email__" data-cfemail="d89eaabdbcbdaab1bbf6b5b7b4b1b6b1bdaa98b9b1aabaadabf6bbb7b5">[email protected]</span></a>; at the applicable time specified in 
paragraph (g)(1)(i) or (g)(1)(ii) of this AD. The report must 
include the serial number of the removed MFTF<greek-i>6, the 
associated airplane manufacturer serial number, and the number of 
flight cycles accumulated by the MFTF<greek-i>6 at the time of 
removal.
    (i) If the MFTF<greek-i>6 replacement was done on or after the 
effective date of this AD: Submit the report within 30 days after 
the MFTF<greek-i>6 removal.
    (ii) If the MFTF<greek-i>6 replacement was done before the 
effective date of this AD: Submit the report within 30 days after 
the effective date of this AD.
    (2) Replacement of the MFTF<greek-i>6 with a reinforced 
MFTF<greek-i>6, in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A380-57-8017, dated June 5, 2009, 
terminates the requirements of 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

    (h) 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate 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

    (i) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2009-0152, dated July 14, 2009; 
Airbus Service Bulletin A380-57-8014, dated November 21, 2008; 
Airbus Mandatory Service Bulletin A380-57-8014, Revision 01, dated 
June 5, 2009; and Airbus Service Bulletin A380-57-8017, dated June 
5, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A380-57-8014, including 
Appendix 01, dated November 21, 2008; Airbus Mandatory Service 
Bulletin A380-57-8014, Revision 01, dated June 5, 2009; and Airbus 
Service Bulletin A380-57-8017, dated June 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 Airbus Mandatory Service Bulletin 
A380-57-8014, Revision 01, dated June 5, 2009; and Airbus Service 
Bulletin A380-57-8017, dated June 5, 2009; under 5 U.S.C. 552(a) and 
1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Airbus Service Bulletin A380-57-8014, 
including Appendix 01, dated November 21, 2008, on May 28, 2009 (74 
FR 22422, May 13, 2009).
    (3) 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 <a href="/cdn-cgi/l/email-protection#0c6d6f6f63796278226d657e7b637e7864214d3f343c4c6d657e6e797f226f6361"><span class="__cf_email__" data-cfemail="076664646872697329666e75706875736f2a46343f3747666e756572742964686a">[email protected]</span></a>; 
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane

[[Page 7934]]

Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (5) 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 February 5, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3121 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P


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