[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Proposed Rules]
[Page 45970-45972]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au07-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28925; Directorate Identifier 2007-NM-123-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus A330-200 and -300 Series
Airplanes and Model A340-200 and -300 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. 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:
During ground inspection of an A340-311 aircraft, it has been
discovered that 5 fasteners were missing between Frame (FR) 18 and
FR19 on longitudinal joint at stringer 28RH (right hand).
Further investigations have revealed that the missing fasteners
have not been installed in production due to incorrect production
instructions.
If not corrected, this situation could affect the structural
integrity of the aircraft in the area of stringer 28 between FR18
and FR19 at longitudinal joint.
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 17,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
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.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.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: 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:
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-2007-
28925; Directorate Identifier 2007-NM-123-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://dms.dot.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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0125, dated May 4, 2007 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
During ground inspection of an A340-311 aircraft, it has been
discovered that 5 fasteners were missing between Frame (FR) 18 and
FR19 on longitudinal joint at stringer 28RH (right hand).
Further investigations have revealed that the missing fasteners
have not been installed in production due to incorrect production
instructions.
If not corrected, this situation could affect the structural
integrity of the aircraft in the area of stringer 28 between FR18
and FR19 at longitudinal joint.
In order to re-establish the structural strength of the
aircraft, this Airworthiness Directive (AD) renders mandatory the
inspection of the longitudinal joint at stringer 28 RH between FR18
and FR19 [for missing fasteners].
For airplanes on which any fastener is missing, the corrective
actions include doing a detailed visual inspection for cracking of the
adjacent fastener area from the outside, without removing the
fasteners; and if no crack is found, doing a rotating probe inspection
for cracks of the adjacent fastener holes after removing the fasteners,
and replacing any missing fastener. The corrective actions also include
contacting Airbus for repair instructions and repair if fasteners are
not at nominal diameter or if any crack is found. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
Airbus has issued Service Bulletins A330-53-3170 and A340-53-4175,
both dated March 27, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
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
[[Page 45971]]
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 9 products of U.S. registry. We also estimate that
it would take about 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $2,880, or $320 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 adding the following new AD:
AIRBUS: Docket No. FAA-2007-28925; Directorate Identifier 2007-NM-
123-AD.
Comments Due Date
(a) We must receive comments by September 17, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A330-200 and -300 series
airplanes and Model A340-200 and -300 series airplanes; certificated
in any category; all serial numbers (MSN) up to MSN 0402 included,
except MSN 051.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During ground inspection of an A340-311 aircraft, it has been
discovered that 5 fasteners were missing between Frame (FR) 18 and
FR19 on longitudinal joint at stringer 28RH (right hand).
Further investigations have revealed that the missing fasteners
have not been installed in production due to incorrect production
instructions.
If not corrected, this situation could affect the structural
integrity of the aircraft in the area of stringer 28 between FR18
and FR19 at longitudinal joint.
In order to re-establish the structural strength of the
aircraft, this Airworthiness Directive (AD) renders mandatory the
inspection of the longitudinal joint at stringer 28 RH between FR18
and FR19 [for missing fasteners].
For airplanes on which any fastener is missing, the corrective
actions include doing a detailed visual inspection for cracking of
the adjacent fastener area from the outside, without removing the
fasteners; and if no crack is found, doing a rotating probe
inspection for cracks of the adjacent fastener holes after removing
the fasteners, and replacing any missing fastener. The corrective
actions also include contacting Airbus for repair instructions and
repair if fasteners are not at nominal diameter or if any crack is
found.
Actions and Compliance
(f) Before the accumulation of 14,000 flight cycles from the
first flight of the aircraft, or within 1,500 flight cycles
following the effective date of this AD, whichever occurs later,
unless already done, do the following actions: Perform a detailed
visual inspection of the longitudinal joint at stringer 28 RH
between FR18 and FR19 for missing fasteners, and do all applicable
corrective actions before further flight, in accordance with the
instructions defined in Airbus Service Bulletin A330-53-3170 or
A340-53-4175, both dated March 27, 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, 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: 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. 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
[[Page 45972]]
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 2007-0125, dated May 4, 2007, and Airbus Service Bulletins
A330-53-3170 and A340-53-4175, both dated March 27, 2007, for
related information.
Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16111 Filed 8-15-07; 8:45 am]
BILLING CODE 4910-13-P