40958 Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations 

Issued in Renton, Washington, on June 26, 

2008. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–15709 Filed 7–16–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0232; Directorate 

Identifier 2007–NM–309–AD; Amendment 

39–15612; AD 2008–14–17] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and A340–300 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: 

During fatigue tests (EF3) on the A340–600, 

multiple damage were found in the upper 

side shell structure at skin and frame (FR) 84 

& 85 interface, from stringer 6 to 15 LH/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 aircraft series, the 

damage assessment concluded on [a] 

potential impact on these aircraft series. 

* * * * * 

The unsafe condition is loss of integrity 

of the upper shell structure of the 

fuselage. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

August 21, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 21, 2008. 

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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 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 include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 3, 2008 (73 FR 

11364). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

During fatigue tests (EF3) on the A340–600, 

multiple damage were found in the upper 

side shell structure at skin and frame (FR) 84 

& 85 interface, from stringer 6 to 15 LH/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 aircraft series, the 

damage assessment concluded on [a] 

potential impact on these aircraft series. 

In order to allow early detection of cracks 

which could avoid possible crack 

propagation and consequently to maintain 

the structural integrity of the upper side shell 

structure between FR84 and FR87, this 

Airworthiness Directive (AD) mandates an 

inspection program of this area [for cracking] 

using a high frequency eddy current (HFEC) 

method and a modification to improve the 

upper shell structure. 

This Revision 1 is issued to clarify that this 

AD is not applicable to aircraft A340–300 

series on which both AIRBUS modifications 

44205 and 45012 have been embodied in 

production. 

The unsafe condition is loss of integrity 

of the upper shell structure of the 

fuselage between FR84 and FR87. 

Corrective actions include contacting 

Airbus and repairing any crack. 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 comments received. 

Request To Remove Reference to 

Modification 

Air Transport Association (ATA) on 

behalf of its member Northwest Airlines 

(NWA), requests that we remove the 

reference to Airbus Modification (Mod.) 

44205 from paragraph (c), 

‘‘Applicability,’’ of the NPRM. The 

commenters explain that Mod. 44205 

defines common structure for Section 

19. Mod. 45012, which is in paragraph 

(f)(1) of the NPRM, modifies the Section 

19 upper side shell on A330–200 series 

airplanes. 

We disagree. Cracks can develop on 

this area of Section 19 that affect basic 

airplanes fitted with the same features 

(i.e., post-Mod. 44205). For Model 

A340–300 series airplanes, Mod. 45012 

addresses the unsafe condition. 

Therefore, only Model A340–300 series 

airplanes on which both Mod. 44205 

and 45012 have been done in 

production are exempt. Analysis further 

to these findings established that 

cracking would also affect airplanes 

post-Mod. 45012 on Model A330–200 

series airplanes. The mandated action 

separates pre- or post-Mod. 45012, as 

specified in paragraphs (f)(1) and (f)(2) 

of this AD. We have made no change to 

the AD in this regard. 

Request To Exclude Certain Airplanes 

The same commenters request that we 

exclude from paragraph (f)(1) and Table 

1 of the NPRM airplanes that have Mod. 

52974 or 53223 embodied. The 

commenters explain that paragraph (c) 

excludes these airplanes, but paragraph 

(f)(1) and Table 1 do not exclude them. 

Without the exclusion, four more NWA 

airplanes are affected by the AD. 

We disagree. Paragraph (f)(1), which 

includes Table 1, refers to paragraph (c) 

where the two modifications are listed 

as exclusions. There is no need to 

exclude the airplanes again in paragraph 

(f)(1) or Table 1 of the AD. We have 

made no change to the AD in this 

regard. 

Request To Move ‘‘Before Further 

Flight’’ Requirement 

The same commenters request that we 

move the requirement to ‘‘Do all 

applicable corrective actions before 

further flight’’ from paragraph (f)(1) of 

the NPRM to the ‘‘Threshold’’ column of 

Table 1 of the NPRM. The commenters 

explain that moving this statement 

would make it clear that corrective 

action is required at the time of the 

mandated inspection thresholds and not 

before. 

We disagree. Paragraph (f)(1)(i) of this 

AD, which includes Table 1, gives 

thresholds for doing the HFEC 

inspection. Paragraph (f)(1)(ii) of this 

AD also gives a possible threshold for 

the HFEC inspection. The requirement 

is to do the applicable corrective actions 

before further flight. We have made no 

change to the AD in this regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations 40959 

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 7 products of U.S. registry. We 

also estimate that it will take about 601 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $52,160 

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 on the U.S. operators to be 

$701,680, or $100,240 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: 

2008–14–17 Airbus: Amendment 39–15612. 

Docket No. FAA–2008–0232; Directorate 

Identifier 2007–NM–309–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 21, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330–

200 and A340–300 series airplanes, 

certificated in any category, all certified 

models; all serial numbers on which Airbus 

Modification 44205 has been embodied in 

production, except those on which Airbus 

Modification 52974 or 53223 has been 

embodied in production. This AD is not 

applicable to Model A340–300 series 

airplanes on which both Modifications 44205 

and 45012 have been embodied in 

production. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During fatigue tests (EF3) on the A340–600, 

multiple damage were found in the upper 

side shell structure at skin and frame (FR) 84 

& 85 interface, from stringer 6 to 15 LH/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 aircraft series, the 

damage assessment concluded on [a] 

potential impact on these aircraft series. 

In order to allow early detection of cracks 

which could avoid possible crack 

propagation and consequently to maintain 

the structural integrity of the upper side shell 

structure between FR84 and FR87, this 

Airworthiness Directive (AD) mandates an 

inspection program of this area [for cracking] 

using a high frequency eddy current (HFEC) 

method and a modification to improve the 

upper shell structure. 

This Revision 1 is issued to clarify that this 

AD is not applicable to aircraft A340–300 

series on which both AIRBUS modifications 

44205 and 45012 have been embodied in 

production. 

The unsafe condition is loss of integrity of 

the upper shell structure of the fuselage 

between FR84 and FR87. Corrective actions 

include contacting Airbus and repairing any 

crack. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For Airbus Model A330–200 series 

airplanes, as identified in paragraph (c) of 

this AD, on which Modification 45012 has 

been embodied in production: At the later of 

the compliance times specified in paragraphs 

(f)(1)(i) and (f)(1)(ii) 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 Service Bulletin A330–53–3152, 

dated April 10, 2007. Do all applicable 

corrective actions before further flight. 

(i) Prior to the compliance time shown in 

Table 1 of this AD after the first flight of the 

airplane, depending on airplane 

configuration. 


rwilkins on PROD1PC63 with RULES
40960 Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations 

TABLE 1.—COMPLIANCE TIMES FOR MODEL A330 SERIES AIRPLANES WITH MODIFICATION 45012 EMBODIED

Airplane configuration Threshold 

Pre-modification 48827 (WV20 to WV27) ................................................ 25,400 total flight cycles. 

Post-modification 48827 (WV50 to WV56) .............................................. 17,100 total flight cycles or 94,700 total flight hours, whichever occurs 

first. 

(ii) Within 90 days after the effective date 

of this AD. 

(2) 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 (f)(2)(i) and 

(f)(2)(ii) 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. 

(i) Prior to the compliance time shown in 

Table 2 of this AD after the first flight of the 

airplane. 

TABLE 2.—COMPLIANCE TIMES FOR

MODEL A330–200 AND A340–300 

SERIES AIRPLANES WITHOUT MODIFICATION 45012 EMBODIED

Airplane 

series Threshold 

A330–200 ..... 6,600 total flight cycles. 

A340–300 ..... 14,000 total flight cycles. 

(ii) Within 90 days after the effective date 

of this AD. 

FAA AD Differences 

Note: 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: Vladimir Ulyanov, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1138; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(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 Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2007–0269R1, dated October 15, 

2007; Airbus Service Bulletin A330–53–3152, 

dated April 10, 2007; Airbus Service Bulletin 

A330–53–3157, dated July 5, 2006; and 

Airbus Service Bulletin A340–53–4163, 

dated July 5, 2006; for related information. 

Material Incorporated by Reference 

(i) You must use the applicable service 

information specified in Table 3 of this AD 

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, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or 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/ibrlocations.html. 

TABLE 3.—MATERIAL INCORPORATED BY REFERENCE

Service Bulletin Date 

Airbus Service Bulletin A330–53–3152 ................................................................................................................................... April 10, 2007. 

Airbus Service Bulletin A330–53–3157 ................................................................................................................................... July 5, 2006. 

Airbus Service Bulletin A340–53–4163 ................................................................................................................................... July 5, 2006. 

Issued in Renton, Washington, on June 27, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–15708 Filed 7–16–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0327; Directorate 

Identifier 2007–SW–21–AD; Amendment 39–

15600; AD 2008–14–05] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109E and A119 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109E and A119 

helicopters. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The European 

Aviation Safety Agency (EASA), the 

Technical Agent for Italy, with which 

we have a bilateral agreement, states in 

the MCAI: ‘‘Some cases of interference 

between the hydraulic pipe, P/N 109–

0761–65–103, and the tail rotor control 


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