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[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Proposed Rules]
[Pages 15067-15069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5909]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27741; Directorate Identifier 2006-NM-261-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 Airplanes; and 
Model A340-200 and -300 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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 MCAI describes the unsafe 
condition as keel beam rupture, which affects the structural integrity 
of the area. The proposed AD would require actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 30, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; 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 proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27741; Directorate Identifier 2006-NM-261-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2006-0315, dated October 13, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states that during the A330 and A340 
aircraft fatigue test, cracks appeared on the right and left sides 
between the crossing area of the keel beam fitting and the front spar 
on the center wing box (CWB). This situation if not corrected can lead 
in the worst case to keel beam rupture, which affects the structural 
integrity of the area. In order to maintain the structural integrity of 
the aircraft, the MCAI requires a repetitive special detailed 
inspection on the horizontal flange of the keel beam in the area of the 
first fastener hole aft of FR (frame) 40, follow-up actions (further 
inspections, installation of new fasteners, and sealing the fasteners), 
and repair if necessary. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A330-57-3081, including Appendix 
01, Revision 02, dated January 24, 2006; and Service Bulletin A340-57-
4089, including Appendix 01, Revision 02, dated January 24, 2006. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI. The compliance times for 
doing the actions described in the service bulletins are as follows:
     Service Bulletin A330-57-3081: The mandatory thresholds 
range from the earlier of 19,100 flight cycles or 57,300 flight hours, 
to the earlier of 24,200 flight cycles or 72,800 flight hours; the 
repetitive intervals range from the earlier of 9,800 flight cycles or 
29,400 flight hours, to the earlier of 13,500 flight cycles or 40,500 
flight hours.
     Service Bulletin A340-57-4089: The mandatory thresholds 
range from the earlier of 19,000 flight cycles or 95,000 flight hours, 
to the earlier of 24,600 flight cycles or 49,200 flight hours; the 
repetitive intervals range from the earlier of 9,200 flight cycles or 
46,000 flight hours, to the earlier of 12,600 flight cycles or 63,000 
flight hours.

[[Page 15068]]

FAA's Determination and Requirements of This Proposed 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, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information provided by the State of Design Authority 
and determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 9 products of U.S. registry. We also estimate that 
it would take about 12 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $382 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 the proposed AD on U.S. operators to 
be $12,078, or $1,342 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2007-27741; Directorate Identifier 2006-NM-
261-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD; certificated in any category; except 
as provided by paragraph (c)(3) of this AD.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes, all serial numbers, 
except those on which Airbus modification 49202 has been embodied in 
production, or Airbus Service Bulletin A330-57-3090 has been 
embodied in service.
    (2) Airbus Model A340-200 and -300 series airplanes, all 
certified models, all serial numbers, except those on which Airbus 
modification 49202 has been embodied in production or Airbus Service 
Bulletin A340-57-4098 has been embodied in service.
    (3) This AD does not apply to Model A340-200 and -300 series 
airplanes repaired in accordance with Airbus Repair Drawing 
R57115053, R57115051, or R57115047 (installation of titanium 
doubler). These airplanes are covered by European Aviation Safety 
Agency (EASA) AD 2006-0314. (The FAA is considering rulemaking 
regarding EASA AD 2006-0314.)

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that during the A330 and A340 fatigue test, cracks appeared 
on the right and left sides between the crossing area of the keel 
beam fitting and the front spar on the center wing box (CWB). This 
situation if not corrected can lead in the worst case to keel beam 
rupture which affects the structural integrity of the area. In order 
to maintain the structural integrity of the aircraft, the MCAI 
requires a repetitive special detailed inspection on the horizontal 
flange of the keel beam in the area of the first fastener hole aft 
of FR (frame) 40, follow-up actions, and repair if necessary.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within the mandatory threshold (flight cycles or flight 
hours) mentioned in the paragraph 1.E.(2) of Airbus Service Bulletin 
A340-57-4089, Revision 02; or A330-57-3081, Revision 02; both dated 
January 24, 2006, depending on the configuration of the aircraft 
model; or within 3 months after the effective date of this AD; 
whichever occurs later: Carry out the NDT (non-destructive test) 
inspection of the hole(s) of the horizontal flange of the keel beam 
located on FR (frame) 40 datum on RH (right-hand) and/or LH (left-
hand) side of the fuselage, in accordance with the instructions of 
Airbus Service Bulletin A340-57-4089, Revision 02; or A330-57-3081, 
Revision 02; as applicable. Inspection in accordance with Airbus 
Technical Disposition Ref F57D03012810, Issue B, dated August 18, 
2003, or 582.0651/2002, Issue A, dated October 17, 2002,

[[Page 15069]]

satisfies the inspection requirements for the first rotating probe 
inspection which is specified at the inspection threshold of this 
AD.

    Note 1: In order to prevent large repairs or heavy maintenance, 
Airbus recommends to perform the above inspection according to 
recommended thresholds mentioned in paragraph 1.E.(2) of Airbus 
Service Bulletin A340-57-4089, Revision 02; or Airbus Service 
Bulletin A330-57-3081, Revision 02; both dated January 24, 2006.

    (2) In case of any crack finding, before further flight, contact 
Airbus in order to get repair instructions before next flight, and 
repair before further flight.
    (3) Should no crack be detected:
    (i) Before further flight: Follow up the actions indicated in 
the flow charts, figure 7, 8, or 9, of Airbus Service Bulletin A340-
57-4089, including Appendix 01, Revision 02, dated January 24, 2006; 
or figure 5, 6, or 7, of Airbus Service Bulletin A330-57-3081, 
including Appendix 01, Revision 02, dated January 24, 2006; in 
accordance with the instructions of the applicable service bulletin.
    (ii) Within 30 days after the effective date of this AD, or 
within 30 days after doing the inspection required by paragraph 
(e)(1) of this AD, whichever occurs later: Send the report of 
actions carried out in paragraph (e)(3)(i) of this AD to Airbus.
    (iii) Renew the inspection at mandatory intervals given in 
paragraph 1.E.(2) of Airbus Service Bulletin A340-57-4089, Revision 
02, dated January 24, 2006; or Airbus Service Bulletin A330-57-3081, 
Revision 02, dated January 24, 2006; as applicable; in accordance 
with the instructions of Service Bulletin A340-57-4089, Revision 02, 
or Service Bulletin A330-57-3081, Revision 02; as applicable, and 
send the inspection results to Airbus.

    Note 2: In order to prevent large repairs or heavy maintenance, 
Airbus recommends to perform the above repetitive inspection 
according to recommended intervals mentioned in paragraph 1.E.(2) of 
Airbus Service Bulletin A340-57-4089, Revision 02, dated January 24, 
2006; or Airbus Service Bulletin A330-57-3081, Revision 02, dated 
January 24, 2006.

    (4) Upon detection of a crack during a repetitive inspection, 
before further flight, contact Airbus to get repair instructions, 
and repair before further flight.
    (5) No additional work is required for aircraft inspected in 
accordance with the instructions of Airbus Service Bulletin A330-57-
3081, dated October 30, 2003, or Revision 01, dated May 18, 2004; or 
Airbus Service Bulletin A340-57-4089, dated October 30, 2003, or 
Revision 01, dated March 2, 2004. Nevertheless, the operators must 
check that their inspection program is in accordance with paragraph 
1.E.(2) of Airbus Service Bulletin A340-57-4089, Revision 02, dated 
January 24, 2006; or Airbus Service Bulletin A330-57-3081, Revision 
02, dated January 24, 2006, for the repetitive inspection.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI did not have a required action if cracks are found 
during a repetitive inspection. This AD requires contacting Airbus 
for repair instructions before further flight.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, Transport Airplane Directorate, FAA, ATTN: Tim Backman, 
Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Before using any AMOC 
approved in accordance with Sec.  39.19 on any airplane to which the 
AMOC applies, notify the appropriate principal inspector in the FAA 
Flight Standards Certificate Holding 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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (g) Refer to MCAI EASA Airworthiness Directive 2006-0315, dated 
October 13, 2006; Airbus Service Bulletin A340-57-4089, Revision 02, 
dated January 24, 2006; and Airbus Service Bulletin A330-57-3081, 
Revision 02, dated January 24, 2006; for related information.

    Issued in Renton, Washington, on March 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-5909 Filed 3-29-07; 8:45 am]
BILLING CODE 4910-13-P
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