[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46342-46345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21147]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0465; Directorate Identifier 2007-NM-244-AD; 
Amendment 39-16012; AD 2009-18-16]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are 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:

    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
France issued AD F-2005-078 [which corresponds to FAA AD 2006-02-06] 
to require the modification (Airbus modification 13023), defined in 
Airbus SB [service bulletin] A310-53-2124, to increase the service 
life of junctions of center box upper frame bases to upper fuselage 
arches. This structural modification falls within the scope of the 
work related to the extension of the service life of A310 aircraft 
and widespread fatigue damage evaluations.
    The threshold timescales for accomplishment of the tasks as 
defined in SB A310-53-2124 were refined and reduced. * * *
* * * * *
The unsafe condition is fatigue cracking of the frame foot run-outs, 
which could lead to rupture of the frame foot and cracking in adjacent 
frames and skin, and which could result in reduced structural integrity 
of the fuselage. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective October 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 14, 
2009.

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: Tom Stafford, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1622; 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 June 2, 2009 (74 FR 
26312), and proposed to supersede AD 2006-02-06, Amendment 39-14458 (71 
FR 3214, January 20, 2006). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
France issued AD F-2005-078 [which corresponds to FAA AD 2006-02-06, 
Amendment 39-14458, 71 FR 3214, January 20, 2006] to require the 
modification (Airbus modification 13023), defined in Airbus SB 
[service bulletin] A310-53-2124, to increase the service life of 
junctions of center box upper frame bases to upper fuselage arches. 
This structural modification falls within the scope of the work 
related to the extension of the service life of A310 aircraft and 
widespread fatigue damage evaluations.
    The threshold timescales for accomplishment of the tasks as 
defined in SB A310-53-2124 were refined and reduced. Consequently, 
EASA issued AD 2007-0238 to require compliance with Revision 1 of SB 
A310-53-2124 at the reduced compliance times, superseding (the 
requirements of) DGAC France AD F-2005-078. Subsequently,

[[Page 46343]]

Airbus identified reference material that was erroneously introduced 
into Airbus SB A310-53-2124 Revision 1. As a result, the SB 
instructions could not be accomplished properly. Operators that 
tried to apply SB A310-53-2124 at Revision 1 had to contact Airbus; 
see also Airbus SBIT [service bulletin information telex] ref. 
914.0135/08, dated 03 March 2008.
    Consequently, AD 2007-0238 was revised to exclude reference to 
Airbus SB A310-53-2124 Revision 1 and to require accomplishment of 
the task(s) as described in the original SB A310-53-2124 instead, 
although retaining the reduced compliance times introduced by AD 
2007-0238 at original issue. This new [EASA] AD is published to 
refer to Airbus SB A310-53-2124 Revision 02, the corrected version 
that is to be used to meet the requirements of this AD.

The unsafe condition is fatigue cracking of the frame foot run-outs, 
which could lead to rupture of the frame foot and cracking in adjacent 
frames and skin, and which could result in reduced structural integrity 
of the fuselage. The required actions include inspecting by rotating 
probe for cracking of holes H1 through H29 on frame (FR) 43 through 46 
inclusive, and inspecting holes H1 through H29 on FR 43 through 46 
inclusive to determine the edge distance of the hole, and corrective 
actions if necessary. 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 Remove Reference to Modification 13023 From Paragraph (c) of 
This AD

    Airbus requests we remove the reference to modification 13023 from 
paragraph (c), Applicability, of the NPRM. The NPRM would have applied 
to certain Airbus airplanes, except those on which Airbus Mandatory 
Service Bulletin A310-53-2124, Revision 02, dated May 22, 2008, has 
been accomplished, or those on which Airbus modification 13023 has been 
accomplished in production. The commenter, Airbus, states that 
modification 13023 is a retrofit modification only and was never 
embodied in production. Modification 13023 is directly associated with 
Airbus Mandatory Service Bulletin A310-53-2124.
    We agree, for the reasons provided by the commenter. We have 
revised this final rule accordingly.

Conclusion

    We reviewed the available data, including the comment 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.
    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 about 68 products of U.S. 
registry.
    The actions that are required by AD 2006-02-06 and retained in this 
AD take about 31 work-hours per product, at an average labor rate of 
$80 per work hour. Required parts cost about $1,730 per product. Based 
on these figures, the estimated cost of the currently required actions 
is $4,210 per product.
    We estimate that it will take about 41 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $80 per work-hour. Required parts will cost about $4,400 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $522,240, or $7,680 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

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.

[[Page 46344]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-14458 (71 FR 
3214, January 20, 2006) and adding the following new AD:

2009-18-16 Airbus: Amendment 39-16012. Docket No. FAA-2009-0465; 
Directorate Identifier 2007-NM-244-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
14, 2009.

Affected ADs

    (b) This AD supersedes AD 2006-02-06, Amendment 39-14458.

Applicability

    (c) This AD applies to Airbus Model A310-203, -204, -221, -222, 
-304, -322, -324 and -325 airplanes; all serial numbers; 
certificated in any category; except those airplanes on which Airbus 
Mandatory Service Bulletin A310-53-2124, dated April 4, 2005, has 
been accomplished.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
France issued AD F-2005-078 [which corresponds to FAA AD 2006-02-06, 
Amendment 39-14458, 71 FR 3214, January 20, 2006] to require the 
modification (Airbus modification 13023), defined in Airbus SB 
[service bulletin] A310-53-2124, to increase the service life of 
junctions of center box upper frame bases to upper fuselage arches. 
This structural modification falls within the scope of the work 
related to the extension of the service life of A310 aircraft and 
widespread fatigue damage evaluations.
    The threshold timescales for accomplishment of the tasks as 
defined in SB A310-53-2124 were refined and reduced. Consequently, 
EASA issued AD 2007-0238 to require compliance with Revision 1 of SB 
A310-53-2124 at the reduced compliance times, superseding (the 
requirements of) DGAC France AD F-2005-078. Subsequently, Airbus 
identified reference material that was erroneously introduced into 
Airbus SB A310-53-2124 Revision 1. As a result, the SB instructions 
could not be accomplished properly. Operators that tried to apply SB 
A310-53-2124 at Revision 1 had to contact Airbus; see also Airbus 
SBIT [service bulletin information telex] ref. 914.0135/08, dated 03 
March 2008.
    Consequently, AD 2007-0238 was revised to exclude reference to 
Airbus SB A310-53-2124 Revision 1 and to require accomplishment of 
the task(s) as described in the original SB A310-53-2124 instead, 
although retaining the reduced compliance times introduced by AD 
2007-0238 at original issue. This new [EASA] AD is published to 
refer to Airbus SB A310-53-2124 Revision 02, the corrected version 
that is to be used to meet the requirements of this AD.

The unsafe condition is fatigue cracking of the frame foot run-outs, 
which could lead to rupture of the frame foot and cracking in 
adjacent frames and skin, and which could result in reduced 
structural integrity of the fuselage. The required actions include 
inspecting by rotating probe for cracking of holes H1 through H29 on 
frame (FR) 43 through 46 inclusive, and inspecting holes H1 through 
H29 on FR 43 through 46 inclusive to determine the edge distance of 
the hole, and corrective actions if necessary.

Requirements of This AD: Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Except for airplanes identified in paragraph (f)(2) of this 
AD, at the later of the times specified in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, accomplish inspections by rotating probe for 
cracking of holes H1 through H29 on frame FR 43 through 46 
inclusive, and inspections of holes H1 through H29 on FR 43 through 
46 inclusive to determine the edge distance of the hole, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A310-53-2124, Revision 02, dated May 22, 2008 
(``the service bulletin''). If no cracking is found and the edge 
distance is equal to or greater than the distance specified in the 
Accomplishment Instructions of the service bulletin, before further 
flight, do the cold expansion of the most fatigue sensitive fastener 
holes, as identified in the service bulletin.
    (i) Inspect at the applicable time indicated in Table 1 of this 
AD. Airbus Model A310-304, -322, -324, and -325 airplanes with an 
average flight time (AFT) equal to or less than 3.17 flight hours 
are short range airplanes. Airbus Model A310-304, -322, -324, and -
325 airplanes with an AFT exceeding 3.17 flight hours are long range 
airplanes.
    (ii) Within 500 flight cycles or 800 flight hours after the 
effective date of this AD, whichever occurs first.

                        Table 1--Compliance Times
------------------------------------------------------------------------
 
------------------------------------------------------------------------
     Affected Airplanes           Inspection/Modification Threshold,
                                         whichever occurs later
------------------------------------------------------------------------
Model A310-304, -322, -324    Prior to              Within 3,000 flight
 and -325 short range          accumulation of       cycles after the
 airplanes.                    26,500 flight         effective date of
                               cycles or 74,300      this AD, without
                               flight hours since    exceeding 29,200
                               first flight of the   flight cycles or
                               airplane, whichever   81,800 flight hours
                               occurs first.         since first flight,
                                                     whichever occurs
                                                     first.
------------------------------------------------------------------------
Model A310-304, -322, -324    Prior to              Within 3,000 flight
 and -325 long range           accumulation of       cycles after the
 airplanes.                    23,400 flight         effective date of
                               cycles or 117,100     this AD, without
                               flight hours since    exceeding 25,800
                               first flight of the   flight cycles or
                               airplane, whichever   129,000 flight
                               occurs first.         hours since first
                                                     flight, whichever
                                                     occurs first.
------------------------------------------------------------------------
Model A310-203, -204, -221,   Prior to              Within 3,000 flight
 and A310-222.                 accumulation of       cycles after the
                               23,400 flight         effective date of
                               cycles or 46,800      this AD, without
                               flight hours since    exceeding 28,800
                               first flight of the   flight cycles or
                               airplane, whichever   57,700 flight hours
                               occurs first.         since first flight,
                                                     whichever occurs
                                                     first.
------------------------------------------------------------------------


    Note 1: To establish the average flight time, 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.

    (2) For airplanes that have been modified before the effective 
date of this AD in accordance with Airbus Mandatory Service Bulletin 
A310-53-2124, Revision 01, dated May 3, 2007: Within 500 flight 
cycles or 800 flight hours after the effective date of this AD, 
whichever occurs first, contact Airbus and follow their corrective 
actions.
    (3) If, during any inspection required by paragraph (f)(1) of 
this AD, any cracking is found or if the edge distance is less than 
the distance specified in Airbus Mandatory Service Bulletin A310-53-
2124, Revision 02, dated May 22, 2008, before further flight, 
contact Airbus and follow their corrective actions.

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, 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: Tom 
Stafford, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-1622; fax (425)

[[Page 46345]]

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. 
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, 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 Union Airworthiness Directive 2008-
0212, dated December 4, 2008; and Airbus Mandatory Service Bulletin 
A310-53-2124, Revision 02, dated May 22, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A310-53-2124, 
Revision 02, dated May 22, 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 Airbus Service Bulletin A310-53-2124, 
Revision 02, dated May 22, 2008, under 5 U.S.C. 552 (a) and 1 CF 
part 51.
    (2) For service information identified in this AD, contact 
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: <a href="/cdn-cgi/l/email-protection#b0d1d3d3dfc5dec49ed1d9c2c7dfc2c4d89dd5d1c3f0d1d9c2d2c5c39ed3dfdd"><span class="__cf_email__" data-cfemail="e48587878b918a90ca858d96938b96908cc9818597a4858d96869197ca878b89">[email protected]</span></a>; 
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 August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21147 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P


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