```

[Federal Register: February 12, 2010 (Volume 75, Number 29)]
[Rules and Regulations]               
[Page 6852-6854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe10-3]                         


[[Page 6852]]

-----------------------------------------------------------------------

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 right-hand], 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 right-hand], 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 ``on-condition'' 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.

[[Page 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 work-hours 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

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:

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 right-hand], 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
------------------------------------------------------------------------
                                      Compliance time  (whichever occurs
               Model                                later)
------------------------------------------------------------------------
(i) A310-203, A310-204, A310-221,    (A) Prior to the accumulation of
 and A310-222 airplanes.              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-  (A) Prior to the accumulation of
 324, and A310-325 short range        17,300 flight cycles or 48,400
 airplanes.                           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.

[[Page 6854]]


(iii) `LR' A310-304, A310-322,       (A) Prior to accumulation of 12,800
 A310[dash]324, and A310-325 long     flight cycles or 64,300 flight
 range airplanes.                     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    Within 1,700 flight cycles or 3,500
 A310-222 airplanes.                  flight hours, whichever occurs
                                      first.
 `SR' A310-304, A310-322, A310-324,  Within 1,600 flight cycles or 4,600
 and A310-325 short range airplanes.  flight hours, whichever occurs
                                      first.
 `LR' A310-304, A310-322, A310-324,  Within 1,200 flight cycles or 6,100
 and A310-325 long range airplanes.   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.airworth-eas@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
```