[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Proposed Rules]
[Page 67110-67112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no08-8]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 67110]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1201; Directorate Identifier 2008-NM-007-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A310 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Airbus Model A310 series
airplanes. The existing AD currently requires repetitive inspections of
the fuselage skin to detect corrosion or fatigue cracking around and
under the chafing plates of the wing root; repetitive inspections for
fatigue cracking of frame 39, stringer 35; and corrective actions if
necessary. The existing AD also provides for an optional terminating
action for certain repetitive inspections, except for certain areas
where corrosion was detected and reworked. This proposed AD would
reduce the intervals for accomplishing repetitive inspections in a
certain area. This proposed AD results from mandatory continuing
airworthiness information originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. We are proposing this AD to detect and correct
fatigue cracks and corrosion around and under the chafing plates of the
wing root, which could result in reduced structural integrity of the
airplane.
DATES: We must receive comments on this proposed AD by December 15,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Airbus, 1
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
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 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-2008-1201;
Directorate Identifier 2008-NM-007-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 because of 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 June 29, 2004, we issued AD 2004-14-06, amendment 39-13715 (69
FR 41401, July 9, 2004), for certain Airbus Model A310 series
airplanes. That AD requires repetitive inspections of the fuselage skin
to detect corrosion or fatigue cracking around and under the chafing
plates of the wing root; and corrective actions, if necessary. The
existing AD also provides for an optional terminating action for
repetitive inspections, except for certain areas where corrosion was
detected and reworked. That AD resulted from reports of the presence of
corrosion under the chafing plates and around the fasteners of the wing
root between fuselage frames 36 and 39. We issued that AD to detect and
correct fatigue cracks and corrosion around and under the chafing
plates of the wing root, which could result in reduced structural
integrity of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2004-14-06, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has informed us that, as a result of A310 extended
service goal activities, the repetitive intervals for existing
repetitive inspections in a certain area, as required by AD 2004-14-06,
must be reduced to adequately address the identified unsafe condition.
Relevant Service Information
Airbus has issued Revision 06 of Service Bulletin A310-53-2069,
dated May 22, 2007 (AD 2004-14-06 refers to Airbus Service Bulletin
A310-53-2069, Revision 1, dated September 19, 1995, through Revision
05, dated November 12, 2002, as appropriate sources of service
information for accomplishing the required inspections and corrective
actions). The inspection and corrective actions procedures specified in
Revision 06 are essentially identical to those specified in Revision 1
through Revision 05. Revision 06 reduces the thresholds and repetitive
intervals for the inspections that are required after corrosion has
been found and reworked. The new thresholds range between 70
[[Page 67111]]
and 28,000 flight cycles or between 250 and 103,500 flight hours,
whichever occurs first, depending on the depth of the rework. The new
intervals range between 70 and 17,300 flight cycles or between 250 and
63,900 flight hours, whichever occurs first. No additional work is
required by Revision 06 for airplanes inspected in accordance with
Revision 1 through Revision 05. Accomplishing the actions specified in
the service information is intended to adequately address the unsafe
condition. The EASA mandated Service Bulletin A310-53-2069, Revision
06, and issued airworthiness directive 2007-0292, dated November 27,
2007, to ensure the continued airworthiness of these airplanes in the
European Union.
FAA's Determination and Requirements of the Proposed AD
These airplanes are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. As described in FAA
Order 8100.14A, ``Interim Procedures for Working with the European
Community on Airworthiness Certification and Continued Airworthiness,''
dated August 12, 2005, the EASA has kept the FAA informed of the
situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2004-14-06 and would continue
to require repetitive inspections of the fuselage skin to detect
corrosion or fatigue cracking around and under the chafing plates of
the wing root; repetitive inspections for fatigue cracking of frame 39,
stringer 35; and corrective actions if necessary. This proposed AD also
would continue to provide for an optional terminating action for
certain repetitive inspections, except for certain areas where
corrosion was detected and reworked. In addition, this proposed AD
would reduce the intervals for accomplishing the repetitive inspections
in a certain area.
Differences Between Proposed AD and Service Bulletin
Revision 06 of Service Bulletin A310-53-2069 specifies to contact
the manufacturer for thresholds and repeat intervals for inspections
under certain conditions, but this proposed AD would require those
intervals be approved by the FAA or the EASA (or its delegated agent).
In light of the type of inspections that would be required to address
the unsafe condition, and consistent with existing bilateral
airworthiness agreements, we have determined that, for this proposed
AD, thresholds and repetitive intervals approved by the FAA or the EASA
would be acceptable for compliance with this proposed AD.
Change to Existing AD
This proposed AD would retain all requirements of AD 2004-14-06.
Since AD 2004-14-06 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
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Corresponding requirement
Requirement in AD 2004-14-06 in this proposed AD
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paragraph (a)............................. paragraph (f).
paragraph (b)............................. paragraph (g).
paragraph (c)............................. paragraph (h).
paragraph (d)............................. paragraph (i).
paragraph (e)............................. paragraph (j).
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Costs of Compliance
This proposed AD would affect about 69 Model A310 series airplanes
of U.S. registry.
The actions that are required by AD 2004-14-06 and retained in this
proposed AD take about 68 work hours per airplane, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the currently required actions is $375,360, or $5,440 per airplane,
per inspection cycle.
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 have 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 that the 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. See the
ADDRESSES section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-13715 (69 FR 41401, July 9, 2004) and adding the
following new airworthiness directive (AD):
Airbus: Docket No. FAA-2008-1201; Directorate Identifier 2008-NM-
007-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by December
15, 2008.
Affected ADs
(b) This AD supersedes AD 2004-14-06.
Applicability
(c) This AD applies to Airbus Model A310 series airplanes,
certificated in any category,
[[Page 67112]]
on which Airbus Modifications 8888 and 8889 have not been
accomplished.
Unsafe Condition
(d) This AD results from mandatory continuing airworthiness
information originated by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product.
We are issuing this AD to detect and correct fatigue cracks and
corrosion around and under the chafing plates of the wing root,
which could result in reduced structural integrity of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Requirements of AD 2004-14-06
Repetitive Inspections and Corrective Actions
(f) Except as provided by paragraphs (g), (k), and (l) of this
AD: Within 4 years since date of manufacture, or within 12 months
after June 3, 1998 (the effective date of AD 98-09-20, amendment 39-
10501), whichever occurs later, perform an inspection to detect
discrepancies around and under the chafing plates of the wing root,
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A310-53-2069, Revision 05, dated November 12, 2002;
Revision 04, dated November 8, 2000; Revision 03, dated October 28,
1997; Revision 2, dated September 23, 1996; or Revision 1, dated
September 19, 1995. If any discrepancy is found, prior to further
flight, accomplish follow-on corrective actions (i.e., removal of
corrosion, corrosion protection, high frequency eddy current
inspection, x-ray inspection), as applicable, in accordance with the
applicable service bulletin. Repeat the inspections thereafter at
the intervals specified in the applicable service bulletin. After
August 13, 2004 (the effective date of AD 2004-14-06), repeat the
inspections thereafter at the intervals specified in Revision 04 or
Revision 05 of the service bulletin.
(g) If any discrepancy is found during any inspection required
by paragraph (f) of this AD, and Airbus Service Bulletin A310-53-
2069, Revision 06, dated May 22, 2007; Revision 05, dated November
12, 2002; Revision 04, dated November 8, 2000; Revision 03, dated
October 28, 1997; Revision 2, dated September 23, 1996; or Revision
1, dated September 19, 1995; as applicable; specifies to contact
Airbus for appropriate action: Prior to further flight, repair in
accordance with a method approved by the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate. Where
differences in the compliance times or corrective actions exist
between the service bulletin and this AD, the AD prevails.
Optional Terminating Action
(h) Except as provided by paragraph (i) of this AD:
Accomplishment of the replacement of the stainless steel chafing
plates with new chafing plates made of aluminum alloy, in accordance
with Airbus Service Bulletin A310-53-2070, Revision 2, dated
November 8, 2000; Revision 1, dated September 23, 1996; or the
original issue, dated October 3, 1994; constitutes terminating
action for the repetitive inspections required by paragraph (f) of
this AD.
Continuation of Repetitive Inspections
(i) Except as provided by paragraphs (k) and (l) of this AD:
Within 30 days after August 13, 2004, do a review of the airplane
maintenance records to determine if any corrosion was detected and
reworked on the left and/or right side of frame 39, stringer 35,
during the accomplishment of any corrective action or repair
specified in paragraphs (f) or (g) of this AD. If any corrective
action or repair has been accomplished in this area, perform an
inspection for fatigue cracking of frame 39, stringer 35, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A310-53-2069, Revision 05, dated November 12, 2002; or
Revision 04, dated November 8, 2000. Do the initial inspection at
the threshold specified in Figure 1 of the service bulletin, or
within 30 days after August 13, 2004, whichever is later. Repeat the
inspection thereafter at the intervals specified in Figure 1 of the
service bulletin. If any discrepancy is found, prior to further
flight, accomplish the applicable follow-on corrective actions, in
accordance with the Accomplishment Instructions of the service
bulletin.
Submission of Information Not Required
(j) Although the service bulletins referenced in this AD specify
to submit information to the manufacturer, this AD does not include
such a requirement.
New Actions Required by This AD
New Service Bulletin Revision
(k) As of the effective date of this AD, use only the
Accomplishment Instructions of Airbus Service Bulletin A310-53-2069,
Revision 06, dated May 22, 2007, to do the inspections and
corrective actions required by paragraphs (f) and (i) of this AD.
Repetitive Inspections at Frame FR39, Stringer 35 at Reduced Intervals
(l) As of the effective date of this AD, if any corrosion is
found at frame FR39, stringer 35, during any inspection required by
this AD, do the repetitive inspections required by paragraphs (f)
and (i) of this AD, as applicable, at the earlier of the times
specified in paragraphs (l)(1) and (l)(2) of this AD. Repeat the
inspections thereafter at intervals specified in Figure 1, Sheets 4
and 5, of Airbus Service Bulletin A310-53-2069, Revision 06, dated
May 22, 2007, except as provided by paragraph (m) of this AD.
(1) At the next specified repeat interval specified in paragraph
(f) of this AD.
(2) At the later of the times specified in paragraphs (l)(2)(i)
and (l)(2)(ii) of this AD, except as provided by paragraph (m) of
this AD.
(i) At the applicable threshold specified in Figure 1, Sheets 4
and 5, of Airbus Service Bulletin A310-53-2069, Revision 06, dated
May 22, 2007.
(ii) Within 900 flight cycles or 1,800 flight hours after the
effective date of this AD, whichever occurs first.
(m) Where Figure 1, Sheets 4 and 5, of Airbus Service Bulletin
A310-53-2069, Revision 06, dated May 22, 2007, specifies to contact
Airbus, do the inspections at threshold and repeat intervals
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent).
Alternative Methods of Compliance (AMOCs)
(n) 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.
Related Information
(o) European Aviation Safety Agency (EASA) airworthiness
directive 2007-0292, dated November 27, 2007, also addresses the
subject of this AD.
Issued in Renton, Washington, on November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-26914 Filed 11-12-08; 8:45 am]
BILLING CODE 4910-13-P