[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18563-18565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6931]



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Rules and Regulations
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Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules 
and Regulations

[[Page 18563]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27013; Directorate Identifier 2006-NM-236-AD; 
Amendment 39-15022; AD 2007-08-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an airworthiness authority 
of another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as fatigue 
damage with a crack propagation through the fastener line of the wing 
shroud box bottom panel, resulting in panel detachment and potential 
injuries to persons on the ground. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective May 18, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 18, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

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:

Discussion

    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 allow 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 AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.
    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 January 26, 2007 (72 
FR 3771). That NPRM proposed to require performing a one-time detailed 
inspection of the shroud box bottom panel for cracks, fasteners missing 
or loose, damage, and marks; and applying all applicable corrective 
actions. The MCAI states that an A330 operator has reported a shroud 
box bottom panel missing during routine inspection. The same panel 
detached from an A330 aircraft during take-off, causing damages to the 
surrounding structure and to the Trimmable Horizontal Stabilizer (THS) 
tip fairing. Preliminary inspection has shown that the blind rivets 
used to attach the panel worked loose causing the panel to suffer 
fatigue damage with a crack propagation through the fastener line 
resulting in panel detachment. To avoid potential injuries to persons 
on ground, the MCAI mandates a one time detailed visual inspection of 
the shroud box bottom panel for cracks in the panel and for missing and 
loose fasteners, and repair if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Clarification of Service Bulletin Reference

    The ``Relevant Service Information'' section of the NPRM, and 
paragraph (g) of the NPRM refer to Airbus Service Bulletin A330-
57A3092, February 3, 2006, as one of the appropriate sources of service 
information to do the actions in the NPRM. However, in paragraph (e) of 
the NPRM, we inadvertently referred to Airbus Service Bulletin A330-
57A3792, dated February 3, 2006. We have revised paragraph (e) of this 
AD accordingly.

Conclusion

    We reviewed the available data, 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 a U.S. court of 
law. 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 described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 27 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. Based 
on these figures, we

[[Page 18564]]

estimate the cost of this AD to the U.S. operators to be $4,320, 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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://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 the NPRM, 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.

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 adding the following new AD:

2007-08-05 Airbus: Amendment 39-15022. Docket No. FAA-2007-27013; 
Directorate Identifier 2006-NM-236-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 18, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A330-300, A340-
200, and A340-300 series airplanes, all certified models, all serial 
numbers, certificated in any category, on which Airbus Modification 
42061 or 46077 or 53604 has been embodied in production and 
delivered before December 31, 2005.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that an A330 operator has reported a shroud box bottom panel 
missing during routine inspection. The same panel detached from an 
A330 aircraft during take-off, causing damages to the surrounding 
structure and to the Trimmable Horizontal Stabilizer (THS) tip 
fairing. Preliminary inspection has shown that the blind rivets used 
to attach the panel worked loose causing the panel to suffer fatigue 
damage with a crack propagation through the fastener line resulting 
in panel detachment. To avoid potential injuries to persons on 
ground, the MCAI requires a one time detailed visual inspection of 
the shroud box bottom panel for cracks in the panel and for missing 
and loose fasteners, and applicable repairs.

Actions and Compliance

    (e) Unless already done, do the following actions. Within the 
threshold specified in paragraphs (e)(1) and (e)(2) of this AD and 
in accordance with the instructions of Airbus Service Bulletin A330-
57A3092, dated February 3, 2006; or Airbus Service Bulletin A340-
57A4101, dated February 3, 2006; as applicable: Perform a one-time 
detailed inspection of the shroud box bottom panel for cracks, 
fasteners missing or loose, damage, and marks; and apply all 
applicable corrective actions. Do applicable corrective actions 
before further flight. The inspections results, whatever they are, 
must be reported to Airbus.
    (1) For Model A330 airplanes: Whichever occurs later between 
paragraphs (e)(1)(i) and (e)(1)(ii) of this AD.
    (i) Prior to the accumulation of 1,200 flight cycles or 2,400 
flight hours from the first flight of the aircraft, whichever occurs 
first.
    (ii) Within 6 months or 1,200 flight hours, whichever occurs 
first, following the effective date of this AD.
    (2) For Model A340-200 and A340-300 series airplanes: Whichever 
occurs later between paragraphs (e)(2)(i) and (e)(2)(ii) of this AD.
    (i) Prior to the accumulation of 1,200 flight cycles or 4,800 
flight hours from the first flight of the aircraft, whichever occurs 
first.
    (ii) Within 6 months or 2,400 flight hours, whichever occurs 
first, following the effective date of this AD.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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 European Aviation Safety Agency Airworthiness 
Directive 2006-0107, dated May 12, 2006, and Airbus Service 
Bulletins A330-57A3092 and A340-57A4101, both dated February 3, 
2006, for related information.

Material Incorporated by Reference

    (h) You must use Airbus Service Bulletin A330-57A3092, dated 
February 3, 2006; or Airbus Service Bulletin A340-57A4101, dated 
February 3, 2006; 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

[[Page 18565]]

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/ibr-locations.html.

    Issued in Renton, Washington, on April 4, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-6931 Filed 4-12-07; 8:45 am]
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