[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Rules and Regulations]
[Pages 51906-51908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0672; Directorate Identifier 2008-NM-032-AD; 
Amendment 39-15660; AD 2008-18-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, 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) 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 manufacturing of A330/A340 aircraft framework, cracks 
have been found on Frame (FR) 12, left (LH) and right (RH) sides. It 
has been confirmed that a defect of the FR12 forming tool press is 
the root cause of the cracks.
    If undetected such damage could affect, after propagation, the 
structural integrity of the aircraft.
* * * * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 14, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 14, 
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 June 24, 2008 (73 FR 
35595). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During manufacturing of A330/A340 aircraft framework, cracks 
have been found on Frame (FR) 12, left (LH) and right (RH) sides. It 
has been confirmed that a defect of the FR12 forming tool press is 
the root cause of the cracks.
    If undetected such damage could affect, after propagation, the 
structural integrity of the aircraft.
    In order to permit an early detection and repair of cracks on 
FR12, LH and RH sides, this Airworthiness Directive (AD) mandates a 
one time High Frequency Eddy Current (HFEC) inspection of FR12.

Corrective actions include, for certain findings, contacting Airbus for 
repair instructions and doing the repair; repairing cracking (i.e., 
installing a new splice); and applying new protective coatings and 
corrosion inhibitors. 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 received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in

[[Page 51907]]

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 20 products of U.S. 
registry. We also estimate that it will take about 3 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 $0 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 parts. 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 to the 
U.S. operators to be $4,800, or $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

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:

2008-18-03 Airbus: Amendment 39-15660. Docket No. FAA-2008-0672; 
Directorate Identifier 2008-NM-032-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
14, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A330-300, and 
A340-300 series airplanes; certificated in any category; all 
certified models, all manufacturing serial numbers (MSN) from MSN 
0489 through 0722 inclusive, and MSN 0725, 0726, 0728, 0730, 0732, 
and 0734.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

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

    During manufacturing of A330/A340 aircraft framework, cracks 
have been found on Frame (FR) 12, left (LH) and right (RH) sides. It 
has been confirmed that a defect of the FR12 forming tool press is 
the root cause of the cracks.
    If undetected such damage could affect, after propagation, the 
structural integrity of the aircraft.
    In order to permit an early detection and repair of cracks on 
FR12, LH and RH sides, this Airworthiness Directive (AD) mandates a 
one time High Frequency Eddy Current (HFEC) inspection of FR12.

Corrective actions include, for certain findings, contacting Airbus 
for repair instructions and doing the repair; repairing cracking 
(i.e., installing a new splice); and applying new protective 
coatings and corrosion inhibitors.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Prior to the accumulation of 19,500 total flight cycles or 
within 3 months after the effective date of this AD, whichever 
occurs later: Perform a HFEC inspection at the LH and RH sides of 
frame 12, in accordance with the instructions defined in Airbus 
Mandatory Service Bulletin A330-53-3174 or A340-53-4177, both dated 
October 10, 2007, as applicable. If no cracking is found, no further 
action is required by this AD. Except as required by paragraph 
(f)(2) of this AD, if any cracking is found, before further flight, 
do the applicable corrective actions in accordance with the 
instructions of Airbus Mandatory Service Bulletin A330-53-3174 or 
A340-53-4177, as applicable.
    (2) If any cracking is found that exceeds the limits specified 
in Airbus Mandatory Service Bulletin A330-53-3174 or A340-53-4177, 
both dated October 10, 2007, as applicable; or if any cracking is 
found during any HFEC inspection of the cut-out area; before further 
flight, contact Airbus for repair instructions and do the repair.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No difference.

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

[[Page 51908]]

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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0302, dated December 14, 2007; and 
Airbus Mandatory Service Bulletins A330-53-3174 and A340-53-4177, 
both dated October 10, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-53-3174, 
including Appendix 01, dated October 10, 2007; or Airbus Mandatory 
Service Bulletin A340-53-4177, including Appendix 01, dated October 
10, 2007; 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 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 August 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-19720 Filed 9-5-08; 8:45 am]
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