6852 Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0717; Directorate 

Identifier 2009–NM–002–AD; Amendment 

39–16196; AD 2010–04–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

Following scheduled maintenance, an 

A310 operator reported finding cracks 

around the wing top skin panels fastener 

holes at Rib 2 (LH or RH) [left-hand or righthand], between stringers 2 and 14 on some 

of its aircraft. 

This condition, if not corrected, may lead 

to degradation of the structure in this area. 

An inspection programme is necessary to 

restore and retain the structural integrity. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 19, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 19, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on August 25, 2009 (74 FR 

42804). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Following scheduled maintenance, an 

A310 operator reported finding cracks 

around the wing top skin panels fastener 

holes at Rib 2 (LH or RH) [left-hand or righthand], between stringers 2 and 14 on some 

of its aircraft. 

This condition, if not corrected, may lead 

to degradation of the structure in this area. 

An inspection programme is necessary to 

restore and retain the structural integrity. 

For the reason described above, this AD 

requires the implementation of an inspection 

programme that will ensure that any visible 

cracks in the wing top skin panels 1 and 2 

along Rib 2 are detected in time and repaired 

appropriately. 

Note: The General Visual Inspection 

requested by the existing and applicable 

Airworthiness Limitation Items (ALI) tasks 

may not be adequate to detect these cracks. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Include Repair Instructions 

FedEx Express requests that we revise 

the NPRM to include or reference repair 

instructions. FedEx Express states that if 

cracks are found, Airbus must be 

contacted and the airplane must be 

repaired before further flight. However, 

FedEx Express states that neither the 

NPRM nor Airbus Mandatory Service 

Bulletin A310–57–2096, dated May 6, 

2008, gives specific repair instructions 

for the area. FedEx Express asserts that 

including repair instructions will allow 

it to meet the AD requirements prior to 

release of the AD, which will reduce 

downtime. 

We do not agree with FedEx Express’s 

request. Airbus has a generic repair 

instruction that meets the requirements 

of this AD, however the generic 

instruction must be optimized to suit 

each individual airplane in order to 

reduce the aero and weight impact for 

that airplane. Because the generic repair 

must be individualized to each airplane, 

operators must contact Airbus to get 

their individualized repair instruction. 

Due to the number of individualized 

repair instructions that will be required, 

Airbus did not include those repair 

instructions in Airbus Mandatory 

Service Bulletin A310–57–2096, dated 

May 6, 2008, and we are unable to 

include each one in this AD. For these 

reasons, we have made no change to the 

final rule in this regard. 

Request To Include Work-Hours and 

Cost of Materials for the Repair 

FedEx Express states that the 

inspection thresholds and intervals fit 

into its planned scheduled maintenance 

checks and that the work-hours required 

for the inspection will not affect the 

check span time. However, FedEx 

Express further asserts that neither 

work-hours nor materials for the 

required repairs are provided in Airbus 

Mandatory Service Bulletin A310–57– 

2096, dated May 6, 2008. Therefore, 

FedEx Express states that it cannot 

predict the effect the AD will have on 

its scheduled maintenance check span 

times. 

From these statements, we infer that 

FedEx is requesting that we revise the 

NPRM to include the work-hours and 

cost of materials for the repair. We do 

not agree. The Costs of Compliance 

section of the AD is limited to the costs 

of actions actually required by the rule. 

It does not consider the costs of ‘‘oncondition’’ actions because, regardless of 

AD direction, those actions would be 

required to correct an unsafe condition 

to ensure operation of that airplane in 

an airworthy condition, as required by 

the Federal Aviation Regulations. We 

have not changed the final rule in this 

regard. 

Change to Reporting Requirement 

We have revised paragraph (f)(5)(i) of 

this final rule to clarify our intent that 

results for inspections that are 

accomplished ‘‘on or after the effective 

date of this AD’’ must be submitted 

within 30 days after the inspection. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

Differences Between This 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. 


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Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 6853 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

66 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $10,560, or $160 per product. 

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. 

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 the NPRM, 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–04–03 Airbus: Amendment 39–16196. 

Docket No. FAA–2009–0717; Directorate 

Identifier 2009–NM–002–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 19, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A310–203, –204, –221, –222, –304, –322, 

–324, and –325 airplanes; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Following scheduled maintenance, an 

A310 operator reported finding cracks 

around the wing top skin panels fastener 

holes at Rib 2 (LH or RH) [left-hand or righthand], between stringers 2 and 14 on some 

of its aircraft. 

This condition, if not corrected, may lead 

to degradation of the structure in this area. 

An inspection programme is necessary to 

restore and retain the structural integrity. 

For the reason described above, this AD 

requires the implementation of an inspection 

programme that will ensure that any visible 

cracks in the wing top skin panels 1 and 2 

along Rib 2 are detected in time and repaired 

appropriately. 

Note: The General Visual Inspection 

requested by the existing and applicable 

Airworthiness Limitation Items (ALI) tasks 

may not be adequate to detect these cracks. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Do a detailed visual inspection around 

fastener holes in the wing top skin panels 1 

and 2, along rib 2 between the right side and 

left side of the front and rear spars, at the 

applicable compliance time in Table 1 of this 

AD; as applicable to the airplane model and 

Short Range (SR) use, average flight time 

(AFT) equal to or less than 4 hours; or Long 

Range (LR) use, AFT exceeding 4 hours; in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A310–57–2096, dated May 6, 2008. 

Note 1: To establish the AFT, take the 

accumulated flight time (counted from the 

take-off up to the landing) and divide by the 

number of accumulated flight cycles. This 

gives the average flight time per flight cycle. 

TABLE 1—COMPLIANCE TIMES FOR DETAILED VISUAL INSPECTION

Model Compliance time 

(whichever occurs later) 

(i) A310–203, A310–204, A310–221, and A310–222 airplanes ............... (A) Prior to the accumulation of 18,700 flight cycles or 37,400 flight 

hours since first flight of the airplane, whichever occurs first; or 

(B) Within 430 flight cycles or 860 flight hours, whichever occurs first, 

after the effective date of this AD. 

(ii) ‘SR’ A310–304, A310–322, A310–324, and A310–325 short range 

airplanes.

(A) Prior to the accumulation of 17,300 flight cycles or 48,400 flight 

hours since first flight of the airplane, whichever occurs first; or 

(B) Within 400 flight cycles or 1,100 flight hours, whichever occurs first, 

after the effective date of this AD. 


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6854 Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 

TABLE 1—COMPLIANCE TIMES FOR DETAILED VISUAL INSPECTION—Continued 

Model Compliance time 

(whichever occurs later) 

(iii) ‘LR’ A310–304, A310–322, A310-324, and A310–325 long range 

airplanes.

(A) Prior to accumulation of 12,800 flight cycles or 64,300 flight hours 

since first flight of the airplane, whichever occurs first; or 

(B) Within 300 flight cycles or 1,450 flight hours, whichever occurs first, 

after the effective date of this AD. 

(2) As of the effective date of this AD, if 

any repair has already been done as a result 

of finding skin cracks at rib 2 in the area to 

be inspected, the inspection requirements of 

this AD are not required for the repaired area. 

Instead, for previously repaired areas, 

continue the inspection in accordance with 

the procedures specified in paragraph (g) of 

this AD. The rest of the rib 2 area not covered 

by the repair must be inspected in 

accordance with the requirements of this AD. 

(3) If no crack is found, repeat the 

inspection required by paragraph (f)(1) of this 

AD thereafter at the intervals not to exceed 

those specified in Table 2 of this AD, as 

applicable. 

TABLE 2—COMPLIANCE TIMES FOR REPETITIVE INSPECTION INTERVAL

Model Repetitive inspection interval 

A310–203, A310–204, A310–221, and A310–222 airplanes ................... Within 1,700 flight cycles or 3,500 flight hours, whichever occurs first. 

‘SR’ A310–304, A310–322, A310–324, and A310–325 short range airplanes.Within 1,600 flight cycles or 4,600 flight hours, whichever occurs first. 

‘LR’ A310–304, A310–322, A310–324, and A310–325 long range airplanes.Within 1,200 flight cycles or 6,100 flight hours, whichever occurs first. 

(4) If any crack is found during any 

inspection required by paragraph (f)(1) or 

(f)(3) of this AD, before further flight, repair 

in accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A310–57–2096, dated May 6, 2008. 

For previously repaired areas, continue the 

inspection in accordance with the procedures 

specified in paragraph (g) of this AD. 

(5) After each inspection required by this 

AD, submit an inspection report in 

accordance with Airbus Mandatory Service 

Bulletin A310–57–2096, dated May 6, 2008; 

at the times specified in paragraphs (f)(5)(i) 

or (f)(5)(ii) of this AD, as applicable. 

(i) If the inspection is done on or after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) 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: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards 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. 

(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 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0211, dated December 4, 2008; and Airbus 

Mandatory Service Bulletin A310–57–2096, 

dated May 6, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A310–57–2096, including Appendix 

1, dated May 6, 2008, 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, Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; 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 or 425–227–1152. 

(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 January 

28, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2607 Filed 2–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0994; Directorate 

Identifier 2009–NM–108–AD; Amendment 

39–16194; AD 2010–04–01] 

RIN 2120–AA64 

Airworthiness Directives; DassaultAviation Model Falcon 900EX 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 


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