FR Doc E7-17686

[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Proposed Rules]
[Page 51386-51388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se07-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29117; Directorate Identifier 2007-NM-114-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 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:

The unsafe condition is failure of the circumferential joint of the
upper fuselage, which could result in reduced structural integrity of
the airplane. 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 October 9, 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: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.

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-
29117; Directorate Identifier 2007-NM-114-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.

[[Page 51387]]

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 2007-0111, dated April 25, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

As a result of a Wide Spread Fatigue Damage (WFD) calculation on
A310 aircraft it was found that a modification of the upper fuselage
circumferential joint at FR (frame) 55/58 is necessary to enable the
aircraft to reach the Extended Service Goal (ESG).
As a consequence, this Airworthiness Directive (AD) requires the
reinforcement of the affected fuselage frame butt joint.

The unsafe condition is failure of the circumferential joint of the
upper fuselage, which could result in reduced structural integrity of
the airplane. You may obtain further information by examining the MCAI
in the AD docket.

Relevant Service Information

Airbus has issued Service Bulletin A310-53-2125, including Appendix
01, dated January 9, 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 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 67 products of U.S. registry. We also estimate that
it would take about 330 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 $3,016 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 $1,970,872, or $29,416 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-2007-29117; Directorate Identifier 2007-NM-
114-AD.

Comments Due Date

(a) We must receive comments by October 9, 2007.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Airbus Model A310 series airplanes,
certificated in any category; all certified models; all serial
numbers; except airplanes that have received in-service application
of Airbus Service Bulletin A310-53-2125.

Subject

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

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
As a result of a Wide Spread Fatigue Damage (WFD) calculation on
A310 aircraft it was found that a modification of the upper fuselage
circumferential joint at FR (frame) 55/58 is necessary to enable the
aircraft to reach the Extended Service Goal (ESG).
As a consequence, this Airworthiness Directive (AD) requires the
reinforcement of the affected fuselage frame butt joint.
The unsafe condition is failure of the circumferential joint of
the upper fuselage, which could result in reduced structural
integrity of the airplane.

Actions and Compliance

(f) Unless already done, do the following actions: Reinforce the
fuselage butt joint at FR 55/58 in accordance with the
accomplishment instructions of Airbus

[[Page 51388]]

Service Bulletin A310-53-2125, including Appendix 01, dated January
9, 2007, at the applicable compliance times listed in Table 1
(threshold) or Table 2 (grace period) of this AD, whichever occurs
later.

Table 1.--Compliance Thresholds
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Whichever occurs first after the effective date of
this AD
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Airbus model Accumulated time since Accumulated time since
first flight (in flight first flight (in flight
cycles) hours)
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A310-200.................................................. 41,500 83,500
A310-300 with an average flight time (AFT) < = to 4 hours.. 33,000 93,500
A310-300 with an AFT > 4 hours............................ 20,500 102,000
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Table 2.--Grace Periods
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Whichever occurs first after the
effective date of this AD
Airbus model -----------------------------------
Flight cycles Flight hours
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A310-200............................ 1,500 3,000
A310-300 with an average flight time 1,200 3,400
(AFT) < = 4 hours...................
A310-300 with an AFT > 4 hours...... 740 3,600
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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: Tom
Stafford, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1622; 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 2007-0111, dated April 25, 2007; and Airbus Service
Bulletin A310-53-2125, dated January 9, 2007; for related
information.

Issued in Renton, Washington, on August 28, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-17686 Filed 9-6-07; 8:45 am]

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