
[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Rules and Regulations]               
[Page 72323-72326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no08-7]                         

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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; 
Amendment 39-15749; AD 2008-24-09]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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:

    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 * * *.

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

DATES: This AD becomes effective January 2, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 2, 
2009.

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 August 26, 2008 (73 
FR

[[Page 72324]]

50256) and proposed to supersede AD 2007-08-05, Amendment 39-15022 (72 
FR 18563, April 13, 2007). That NPRM proposed 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.

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 
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 34 products of U.S. 
registry. We also estimate that it will take about 20 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 $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 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 $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 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 removing Amendment 39-15022 (72 FR 
18563, April 13, 2007) and adding the following new AD:

2008-24-09 Airbus: Amendment 39-15749. Docket No. FAA-2008-0910; 
Directorate Identifier 2008-NM-033-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
2, 2009.

Affected ADs

    (b) This 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.

[[Page 72325]]



                         Table 1--Applicability
------------------------------------------------------------------------
                                                      Except for those
          For model--               On which--      airplanes on which--
------------------------------------------------------------------------
(1) A330-200, A330-300, and     Airbus             Airbus Modification
 A340-300 series, all            modification       55568 has been done
 certified models, all serial    46077 has been     in production, or
 numbers.                        embodied in        Airbus Mandatory
                                 production.        Service Bulletin
                                                    A330-57-3100 or
                                                    Airbus Mandatory
                                                    Service Bulletin
                                                    A340-57-4109 has
                                                    been embodied in
                                                    service.
(2) Airbus A340-500 and A340-   None.............  Airbus Modification
 600 series, all certified                          55568 has been
 models, all serial numbers.                        embodied in
                                                    production, or
                                                    Airbus Mandatory
                                                    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.
    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--                         Date--
------------------------------------------------------------------------
Airbus Mandatory Service Bulletin      October 1, 2007.
 A330-57-3100.
Airbus Mandatory Service Bulletin      October 1, 2007.
 A340-57-4109.
Airbus Mandatory Service Bulletin      October 1, 2007.
 A340-57-5018.
------------------------------------------------------------------------

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.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 3 of 
this AD 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 SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 45 80, e-mail 
airworthiness.A330-A340@airbus.com; Internet http://www.airbus.com.
    (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/code_of_
federal_regulations/ibr_locations.html.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
          Service Bulletin--                         Date--
------------------------------------------------------------------------
Airbus Mandatory Service Bulletin      October 1, 2007.
 A330-57-3100.
Airbus Mandatory Service Bulletin      October 1, 2007.
 A340-57-4109.

[[Page 72326]]


Airbus Mandatory Service Bulletin      October 1, 2007.
 A340-57-5018.
------------------------------------------------------------------------


    Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-27940 Filed 11-26-08; 8:45 am]

BILLING CODE 4910-13-P
