[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50256-50258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19716]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0910; Directorate Identifier 2008-NM-033-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
300, A340-500, and A340-600 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), 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 that would supersede an existing AD. This 
proposed 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:

    An A330 operator reported a shroud box bottom panel missing 
during a routine inspection. The same panel detached from an A330 
aircraft during take-off, causing damage to the surrounding 
structure and to the Trimmable Horizontal Stabilizer (THS) tip 
fairing.
    The inspection indicated the blind rivets used to attach the 
panel worked loose causing fatigue damage with crack propagation 
through the fastener line resulting in panel detachment * * *.
    * * * Three additional events of panel loss have been 
experienced on in service aircraft already inspected in accordance 
with the AD requirements * * *.* * *

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 September 25, 
2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, 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.

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:

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-2008-0910; 
Directorate Identifier 2008-NM-033-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 based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.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

    On April 4, 2007, we issued AD 2007-08-05, Amendment 39-15022 (72 
FR 18563, April 13, 2007). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2007-08-05, we have received additional reports 
of loss of the bottom panel of the shroud box on in-service airplanes 
on which the one-time detailed inspection required by AD 2007-08-05 has 
been done. Therefore, the requirements of AD 2007-08-05 do not 
adequately address the identified unsafe condition of that AD. The 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Community, has issued 
Airworthiness Directive 2008-0002, dated January 7, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An A330 operator reported a shroud box bottom panel missing 
during a routine inspection. The same panel detached from an A330 
aircraft during take-off, causing damage to the surrounding 
structure and to the Trimmable Horizontal Stabilizer (THS) tip 
fairing.
    The inspection indicated the blind rivets used to attach the 
panel worked loose causing fatigue damage with crack propagation 
through the fastener line resulting in panel detachment.
    To avoid potential injuries to persons on ground, Airworthiness 
Directive (AD) 2006-0107 [which corresponds with FAA AD 2007-08-05] 
mandated a one time detailed visual inspection of the shroud box 
bottom panel.
    Further to issuance of AD 2006-0107, three additional events of 
panel loss have been experienced on in service aircraft already 
inspected in accordance with the AD requirements and no findings. 
Thus, it has been decided to delete this one time detailed visual 
inspection and to mandate a modification which prevents such unsafe 
condition. Therefore, the present AD supersedes EASA AD 2006-0107 
and mandates the installation of a bolted shroud box bottom panel 
instead of blind riveted metallic design.

The modification includes doing all applicable related investigative 
and corrective actions. The related investigative action is an 
inspection to detect cracks of the shroud box hole. The corrective 
action is repairing any cracked shroud box hole. The applicability of 
the MCAI has been revised; certain airplanes have been removed and 
others added. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Airbus has issued the following service bulletins:
    <bullet> Airbus Service Bulletin A330-57-3100, dated October 1, 
2007;
    <bullet> Airbus Service Bulletin A340-57-4109, dated October 1, 
2007; and
    <bullet> Airbus Service Bulletin A340-57-5018, dated October 1, 
2007.
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

[[Page 50257]]

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, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an 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 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 34 products of U.S. registry. We also estimate that 
it would take about 20 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 $990 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 $88,060, or $2,590 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 removing Amendment 39-15022 (72 FR 
18563, April 13, 2007) and adding the following new AD:

Airbus: Docket No. FAA-2008-0910; Directorate Identifier 2008-NM-
033-AD.

Comments Due Date

    (a) We must receive comments by September 25, 2008.

Affected ADs

    (b) The proposed AD supersedes AD 2007-08-05, Amendment 39-
15022.

Applicability

    (c) This AD applies to Airbus airplanes identified in Table 1 of 
this AD; certificated in any category.

                         Table 1--Applicability
------------------------------------------------------------------------
                                                       Except for those
           For model--                On which--         airplanes on
                                                            which--
------------------------------------------------------------------------
(1) A330-200, A330-300, and A340- Airbus              Airbus
 300 series, all certified         modification        Modification
 models, all serial numbers.       46077 has been      55568 has been
                                   embodied in         done in
                                   production.         production, or
                                                       Airbus Service
                                                       Bulletin A330-57-
                                                       3100 or Airbus
                                                       Service Bulletin
                                                       A340-57-4109 has
                                                       been embodied in
                                                       service.
(2) Airbus A340-500 and A340-600  None..............  Airbus
 series, all certified models,                         modification
 all serial numbers.                                   55568 has been
                                                       embodied in
                                                       production, or
                                                       Airbus Service
                                                       Bulletin A340-57-
                                                       5018 has been
                                                       embodied in
                                                       service.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    An A330 operator reported a shroud box bottom panel missing 
during a routine inspection. The same panel detached from an A330 
aircraft during take-off, causing damage to the surrounding 
structure and to the Trimmable Horizontal Stabilizer (THS) tip 
fairing.

[[Page 50258]]

    The inspection indicated the blind rivets used to attach the 
panel worked loose causing fatigue damage with crack propagation 
through the fastener line resulting in panel detachment.
    To avoid potential injuries to persons on ground, Airworthiness 
Directive (AD) 2006-0107 [which corresponds with FAA AD 2007-08-05] 
mandated a one time detailed visual inspection of the shroud box 
bottom panel.
    Further to issuance of AD 2006-0107, three additional events of 
panel loss have been experienced on in service aircraft already 
inspected in accordance with the AD requirements and no findings. 
Thus, it has been decided to delete this one time detailed visual 
inspection and to mandate a modification which prevents such unsafe 
condition. Therefore, the present AD supersedes EASA AD 2006-0107 
and mandates the installation of a bolted shroud box bottom panel 
instead of blind riveted metallic design.

The modification includes doing all applicable related investigative 
and corrective actions. The related investigative action is an 
inspection to detect cracks of the shroud box hole. The corrective 
action is repairing any cracked shroud box hole.

New Requirements of This AD: Actions and Compliance

    (f) Unless already done: Within 69 months after the effective 
date of this AD, modify the shroud box bottom skin panel on both 
wings, and do all applicable related investigative and corrective 
actions, by accomplishing all the actions in the applicable service 
bulletins identified in Table 2 of this AD. Do all applicable 
related investigative and corrective actions before further flight.

                       Table 2--Service Bulletins
------------------------------------------------------------------------
          Service Bulletin--                         Dated--
------------------------------------------------------------------------
Airbus Service Bulletin A330-57-3100..  October 1, 2007.
Airbus Service Bulletin A340-57-4109..  October 1, 2007.
Airbus Service Bulletin A340-57-5018..  October 1, 2007.
------------------------------------------------------------------------

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 Airworthiness 
Directive 2008-0002, dated January 7, 2008; and the service 
bulletins identified in Table 2 of this AD for related information.

    Issued in Renton, Washington, on August 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-19716 Filed 8-25-08; 8:45 am]
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