[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Rules and Regulations]
[Page 23622-23625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my09-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0449; Directorate Identifier 2008-NM-034-AD;
Amendment 39-15907; AD 2009-10-11]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-300, A340-200, and
A340-300 Series 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
[[Page 23623]]
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:
Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders which could result in
reduced structural integrity of the rudder, AIRBUS decided to
introduce some further structural inspections to specific rudder
areas[.]
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective June 4, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 4, 2009.
We must receive comments on this AD by June 19, 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; 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 2008-0012, dated January 14, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders which could result in
reduced structural integrity of the rudder, AIRBUS decided to
introduce some further structural inspections to specific rudder
areas:
--A special detailed one time structural inspection to specific
rudder areas to ensure earlier detection of damage at the inspected
areas,
--A repetitive specific ultrasonic inspection along the complete
rudder panel front and bottom edges (complete z-profile area along
the spar and the bottom rib) to detect any damage in this area.
The aim of this Airworthiness Directive (AD) is to render
mandatory this additional inspection program in order to maintain
the structural integrity of the rudder.
The special detailed one-time structural inspection consists of doing a
thermography or x-ray inspection and an ultrasonic inspection to detect
damage of the rudders at the rudder hoisting points and trailing edge
screw areas. The corrective actions depend on the findings and the
extent of the damage found, and include doing the repair or contacting
Airbus and following their repair instructions.
The repetitive ultrasonic inspection along the complete rudder
panel front and bottom edges (complete z-profile area along the spar
and the bottom rib) to detect damage also includes doing related
investigative and corrective actions. The related investigative action
is a thermography inspection for inner skin disbond damage and fluid
ingress on the rudder. The corrective actions depend on the findings
and the extent of the damage found, and may include venting the core (a
temporary repair), and contacting Airbus and following their repair
instructions for a permanent repair.
The compliance time for the corrective actions for the special
detailed one-time structural inspection ranges between ``before further
flight'' and 4,500 flight cycles, depending on the damage finding. The
compliance time for the corrective actions for the repetitive
ultrasonic inspections ranges between ``before further flight'' and
2,500 flight cycles, depending on the damage finding and whether the
temporary repair is done. The repetitive interval for the ultrasonic
inspections is 5,000 flight cycles, except after doing the temporary
repair, in which case the interval is 500 flight cycles until a
permanent repair is done, after which time the interval is 5,000 flight
cycles.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued the following service bulletins:
Airbus Mandatory Service Bulletin A330-55-3037, including
Appendix 01, dated October 11, 2007;
Airbus Mandatory Service Bulletin A330-55-3038, dated
November 7, 2007;
Airbus Mandatory Service Bulletin A340-55-4033, including
Appendix 01, dated October 11, 2007; and
Airbus Mandatory Service Bulletin A340-55-4034, dated
November 7, 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 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
[[Page 23624]]
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 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-2009-0449; Directorate
Identifier 2008-NM-034-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:
2009-10-11 Airbus: Amendment 39-15907. Docket No. FAA-2009-0449;
Directorate Identifier 2008-NM-034-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 4,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A330-300, A340-200, and
A340-300 series airplanes, certificated in any category, all serial
numbers, on which a carbon fiber-reinforced plastic (CFRP) rudder
part number (PN) A55471500 series is fitted.
Subject
(d) Air Transport Association (ATA) of America Code 55:
Stabilizers.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders which could result in
reduced structural integrity of the rudder, AIRBUS decided to
introduce some further structural inspections to specific rudder
areas[.]
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 500 flight cycles or 6 months after the effective
date of this AD, whichever occurs first: Perform a special detailed
one-time inspection to detect damage in the areas of the rudder
hoisting points and trailing edge screw, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-55-3037, dated October 11, 2007; or Airbus Mandatory Service
Bulletin A340-55-4033, dated October 11, 2007; as applicable. Do all
applicable corrective actions at the times specified in and in
accordance with Airbus Mandatory Service Bulletin A330-55-3037,
dated October 11, 2007; or Airbus Mandatory Service Bulletin A340-
55-4033, dated October 11, 2007; as applicable.
(2) Submit a report of the findings of the inspection required
by paragraph (f)(1) of this AD to Airbus in accordance with the
instructions of Appendix 01 of Airbus Mandatory Service Bulletin
A330-55-3037, dated October 11, 2007; or Airbus Mandatory Service
Bulletin A340-55-4033, dated October 11, 2007; as applicable; at the
applicable time specified in paragraph (f)(2)(i) or (f)(2)(ii) of
this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(3) Within 500 flight cycles or 6 months after the effective
date of this AD, whichever occurs first: Perform a special detailed
inspection along the rudder z-profile to detect inner skin disbond
damage, in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A330-55-3038, dated November 7, 2007; or
Airbus Mandatory Service Bulletin A340-55-4034, dated November 7,
2007; as applicable. Do all applicable related investigative and
corrective actions at the times specified in and in accordance with
Airbus Mandatory Service Bulletin A330-55-3038, dated November 7,
2007; or Airbus Mandatory Service Bulletin A340-55-4034, dated
November 7, 2007; as applicable.
(4) Submit a report of the findings of the inspection required
by paragraph (f)(3) of this AD to Airbus in accordance with the
instructions of Airbus Mandatory Service Bulletin A330-55-3038,
dated November 7, 2007; or Airbus Mandatory Service Bulletin A340-
55-4034, dated November 7, 2007; as applicable; at the applicable
time specified in paragraph (f)(4)(i) or (f)(4)(ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(5) As of the effective date of this AD, no person may install a
part number (P/N) A55471500 series rudder on an aircraft as a
[[Page 23625]]
replacement part, unless it has been inspected and, as applicable,
repaired in accordance with the instructions of Airbus Mandatory
Service Bulletin A330-55-3037, dated October 11, 2007, or Airbus
Mandatory Service Bulletin A340-55-4033, dated October 11, 2007; and
Airbus Mandatory Service Bulletin A330-55-3038, dated November 7,
2007, or Airbus Mandatory Service Bulletin A340-55-4034, dated
November 7, 2007.
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, 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: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District 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 MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0012, dated January 14, 2008; and the service
bulletins listed in Table 1 of this AD; for related information.
Table 1--Service Bulletins
------------------------------------------------------------------------
Airbus Mandatory Service Bulletin-- Dated--
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A330-55-3037........................ October 11, 2007.
A330-55-3038........................ November 7, 2007.
A340-55-4033........................ October 11, 2007.
A340-55-4034........................ November 7, 2007.
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Material Incorporated by Reference
(i) You must use the service information contained in Table 2 of
this AD to do the actions required by this AD, as applicable, 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 of the service information that is
incorporated by reference 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 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 2--Material Incorporated by Reference
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Document Date
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Airbus Mandatory Service Bulletin October 11, 2007.
A330-55-3037, excluding Appendix 01.
Airbus Mandatory Service Bulletin November 7, 2007.
A330-55-3038, including Appendix 01.
Airbus Mandatory Service Bulletin October 11, 2007.
A340-55-4033, excluding Appendix 01.
Airbus Mandatory Service Bulletin November 7, 2007.
A340-55-4034, including Appendix 01.
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Issued in Renton, Washington, on May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11283 Filed 5-19-09; 8:45 am]
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