[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Rules and Regulations]
[Page 22422-22424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my09-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0433; Directorate Identifier 2009-NM-003-AD;
Amendment 39-15902; AD 2009-10-07]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A380-841, -842, and -861
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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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 the flight test campaign of the A380-861 model (Engine
Alliance powered), some cracks were found on the Movable Flap Track
Fairing number 6 (MFTF6).
These cracks were located at the pivot attachment support-ring
and at the U-frame in the attachment area to aft-kinematic. In
addition, delamination has been observed within the monolithic
Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot
support-ring.
This condition, if not corrected, could lead to in-flight loss
of the MFTF6, potentially resulting in injuries to persons
on the ground.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective May 28, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 28, 2009.
We must receive comments on this AD by June 12, 2009.
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 this 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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 2008-0216, dated December 9, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
During the flight test campaign of the A380-861 model (Engine
Alliance powered), some cracks were found on the Movable Flap Track
Fairing number 6 (MFTF6).
These cracks were located at the pivot attachment support-ring
and at the U-frame in the attachment area to aft-kinematic. In
addition, delamination has been observed within the monolithic
Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot
support-ring.
This condition, if not corrected, could lead to in-flight loss
of the MFTF6, potentially resulting in injuries to persons
on the ground.
To prevent the risk of a MFTF6 detachment, this
Airworthiness Directive (AD) requires an inspection program in order
to detect cracks [and delamination] before they become critical and
in case of findings to replace the MFTF6 [with a new or
serviceable part].
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Service Bulletin A380-57-8014, including Appendix
01, dated November 21, 2008. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a Note within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and
[[Page 22423]]
opportunity for public comment. We invite you to send any written
relevant data, views, or arguments about this AD. Send your comments to
an address listed under the ADDRESSES section. Include ``Docket No.
FAA-2009-0433; Directorate Identifier 2009-NM-003-AD'' at the beginning
of your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this AD. We
will consider all comments received by the closing date and may amend
this 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 AD.
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.
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:
2009-10-07 Airbus: Amendment 39-15902. Docket No. FAA-2009-0433;
Directorate Identifier 2009-NM-003-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 28,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A380-841, -842 and -861
airplanes, certificated in any category, all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
``During the flight test campaign of the A380-861 model (Engine
Alliance powered), some cracks were found on the Movable Flap Track
Fairing number 6 (MFTF6).
``These cracks were located at the pivot attachment support-ring
and at the
``U-frame in the attachment area to aft-kinematic. In addition,
delamination has been observed within the monolithic Carbon Fibre
Reinforced Plastic (CFRP) structure around the pivot support-ring.
``This condition, if not corrected, could lead to in-flight loss
of the MFTF6, potentially resulting in injuries to persons
on the ground.
``To prevent the risk of a MFTF6 detachment, this
Airworthiness Directive (AD) requires an inspection program in order
to detect cracks [and delamination] before they become critical and
in case of findings to replace the MFTF6 [with a new or
serviceable part].''
Actions and Compliance
(f) Unless already done, do the following:
(1) At the applicable time specified in paragraph (f)(1)(i) or
(f)(1)(ii) of this AD for the left- and right-hand MFTF6,
do a special detailed (ultrasonic and high-frequency eddy current)
inspection of the filet radii of pivot supports, monolithic carbon
fibre reinforced plastic structures, and radii of U-Frame, and a
general visual inspection of MFTF6, for cracking and
delamination, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A380-57-8014, dated November 21, 2008.
(i) For Model A380-841 and -842 airplanes: Before the
MFTF6 has accumulated 500 total flight cycles since its
first installation on an airplane, or within 30 flight hours after
the effective date of this AD, whichever occurs later.
(ii) For Model A380-861 airplanes: Before the MFTF6 has
accumulated 100 total flight cycles since its first installation on
an airplane, or within 30 flight hours after the effective date of
this AD, whichever occurs later.
(2) If no cracking and no delamination are detected during any
inspection required by paragraph (f)(1) of this AD, repeat the
inspections required by paragraph (f)(1) of this AD thereafter at
intervals not to exceed the applicable time specified in paragraph
(f)(2(i) or (f)(2)(ii) of this AD.
(i) For Model A380-841 and -842 airplanes: 50 flight cycles.
(ii) For Model A380-861 airplanes: 10 flight cycles.
(3) If any cracking or delamination is found during any
inspection required by paragraph (f)(1) or (f)(2) of this AD, before
further flight, replace the MFTF6 with a new or serviceable
part, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A380-57-8014, dated November 21, 2008, and repeat
the inspections specified in paragraph (f)(1) of this AD at the
applicable time defined in paragraph (f)(2) of this AD.
FAA AD Differences
Note 1: 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: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal maintenance inspector
(PMI) or principal avionics inspector (PAI), as appropriate, or
lacking a principal inspector, your local Flight Standards District
[[Page 22424]]
Office. The AMOC approval letter must specifically reference this
AD.
(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 Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2008-0216, dated December 9,
2008; and Airbus Service Bulletin A380-57-8014, dated November 21,
2008; for related information.
Material Incorporated by Reference
(i) You must use Airbus Service Bulletin A380-57-8014, including
Appendix 01, dated November 21, 2008, 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-EANA (Airworthiness Office); 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 562 110 253;
Fax +33 562 110 307; e-mail account.airworth-A380@airbus.com;
Internet http://www.airbus.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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.
Issued in Renton, Washington, on May 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-10934 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-13-P