[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Proposed Rules]
[Page 26312-26315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn09-20]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0465; Directorate Identifier 2007-NM-244-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. 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:
DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France issued AD F-2005-078 [which corresponds to FAA AD 2006-02-06]
to require the modification (Airbus modification 13023), defined in
Airbus SB [service bulletin] A310-53-2124, to increase the service
life of junctions of center box upper frame bases to upper fuselage
arches. This structural modification falls within the scope of the
work related to the extension of the service life of A310 aircraft
and widespread fatigue damage evaluations.
The threshold timescales for accomplishment of the tasks as
defined in SB A310-53-2124 were refined and reduced. * * *
* * * * *
The unsafe condition is fatigue cracking of the frame foot run-
outs, which could lead to rupture of the frame foot and cracking in
adjacent frames and skin, and which could result in reduced structural
integrity of the fuselage. 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 July 2, 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.
For service information identified in this proposed AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail: account.airworth-eas@airbus.com; Internet http://
www.airbus.com. You may review copies of the referenced 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.
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 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, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1622; 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-2009-0465;
Directorate Identifier 2007-NM-244-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://
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.
[[Page 26313]]
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 2008-0212, dated December 4, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France issued AD F-2005-078 [which corresponds to FAA AD 2006-02-06,
Amendment 39-14458, 71 FR 3214, January 20, 2006] to require the
modification (Airbus modification 13023), defined in Airbus SB
[service bulletin] A310-53-2124, to increase the service life of
junctions of center box upper frame bases to upper fuselage arches.
This structural modification falls within the scope of the work
related to the extension of the service life of A310 aircraft and
widespread fatigue damage evaluations.
The threshold timescales for accomplishment of the tasks as
defined in SB A310-53-2124 were refined and reduced. Consequently,
EASA issued AD 2007-0238 to require compliance with Revision 1 of SB
A310-53-2124 at the reduced compliance times, superseding (the
requirements of) DGAC France AD F-2005-078. Subsequently, Airbus
identified reference material that was erroneously introduced into
Airbus SB A310-53-2124 Revision 1. As a result, the SB instructions
could not be accomplished properly. Operators that tried to apply SB
A310-53-2124 at Revision 1 had to contact Airbus; see also Airbus
SBIT [service bulletin information telex] ref. 914.0135/08, dated 03
March 2008.
Consequently, AD 2007-0238 was revised to exclude reference to
Airbus SB A310-53-2124 Revision 1 and to require accomplishment of
the task(s) as described in the original SB A310-53-2124 instead,
although retaining the reduced compliance times introduced by AD
2007-0238 at original issue. This new [EASA] AD is published to
refer to Airbus SB A310-53-2124 Revision 02, the corrected version
that is to be used to meet the requirements of this AD.
The unsafe condition is fatigue cracking of the frame foot run-
outs, which could lead to rupture of the frame foot and cracking in
adjacent frames and skin, and which could result in reduced structural
integrity of the fuselage. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Airbus has issued Mandatory Service Bulletin A310-53-2124, Revision
02, dated May 22, 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 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 Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 68 products of U.S. registry. We also estimate that
it would take about 41 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 $4,400 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 $522,240, or $7,680 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, Incorporation by
reference, 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 removing Amendment 39-14458 (71 FR
3214, January 20, 2006) and adding the following new AD:
Airbus: Docket No. FAA-2009-0465; Directorate Identifier 2007-NM-
244-AD.
[[Page 26314]]
Comments Due Date
(a) We must receive comments by July 2, 2009.
Affected ADs
(b) The proposed AD supersedes AD 2006-02-06, Amendment 39-
14458.
Applicability
(c) This AD applies to Airbus Models A310-203, -204, -221, -222,
-304, -322, -324 and -325 airplanes; all serial numbers;
certificated in any category; except those airplanes on which Airbus
Mandatory Service Bulletin A310-53-2124, dated April 4, 2005, has
been accomplished, or Airbus Modification 13023 has been
accomplished in production.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France issued AD F-2005-078 [which corresponds to FAA AD 2006-02-06,
Amendment 39-14458, 71 FR 3214, January 20, 2006] to require the
modification (Airbus modification 13023), defined in Airbus SB
[service bulletin] A310-53-2124, to increase the service life of
junctions of center box upper frame bases to upper fuselage arches.
This structural modification falls within the scope of the work
related to the extension of the service life of A310 aircraft and
widespread fatigue damage evaluations.
The threshold timescales for accomplishment of the tasks as
defined in SB A310-53-2124 were refined and reduced. Consequently,
EASA issued AD 2007-0238 to require compliance with Revision 1 of SB
A310-53-2124 at the reduced compliance times, superseding (the
requirements of) DGAC France AD F-2005-078. Subsequently, Airbus
identified reference material that was erroneously introduced into
Airbus SB A310-53-2124 Revision 1. As a result, the SB instructions
could not be accomplished properly. Operators that tried to apply SB
A310-53-2124 at Revision 1 had to contact Airbus; see also Airbus
SBIT [service bulletin information telex] ref. 914.0135/08, dated 03
March 2008.
Consequently, AD 2007-0238 was revised to exclude reference to
Airbus SB A310-53-2124 Revision 1 and to require accomplishment of
the task(s) as described in the original SB A310-53-2124 instead,
although retaining the reduced compliance times introduced by AD
2007-0238 at original issue. This new [EASA] AD is published to
refer to Airbus SB A310-53-2124 Revision 02, the corrected version
that is to be used to meet the requirements of this AD.
The unsafe condition is fatigue cracking of the frame foot run-
outs, which could lead to rupture of the frame foot and cracking in
adjacent frames and skin, and which could result in reduced
structural integrity of the fuselage.
New Requirements of This AD: Actions and Compliance
(f) Unless already done, do the following actions.
(1) Except for airplanes identified in paragraph (f)(2) of this
AD, at the later of the times specified in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD, accomplish inspections by rotating probe for
cracking of holes H1 through H29 on FR 43 through 46 inclusive, and
inspections of holes H1 through H29 on FR 43 through 46 inclusive to
determine the edge distance of the hole, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A310-53-2124, Revision 02, dated May 22, 2008 (``the service
bulletin''). If no cracking is found and the edge distance is equal
to or greater than the distance specified in the Accomplishment
Instructions of the service bulletin, before further flight, do the
cold expansion of the most fatigue sensitive fastener holes, as
identified in the service bulletin.
(i) Inspect at the applicable time indicated in Table 1 of this
AD. Airbus Model A310-304, -322, -324, and -325 airplanes with an
average flight time (AFT) equal to or less than 3.17 flight hours
are short range airplanes. Airbus Model A310-304, -322, -324, and -
325 with an AFT exceeding 3.17 flight hours are long range
airplanes.
(ii) Within 500 flight cycles or 800 flight hours after the
effective date of this AD, whichever occurs first.
Table 1--Compliance Times
------------------------------------------------------------------------
------------------------------------------------------------------------
Affected airplanes Inspection modification threshold,
whichever occurs later
------------------------------------------------------------------------
Model A310-304, -322, -324 Prior to Within 3,000 flight
and -325 short range accumulation of cycles after the
airplanes. 26,500 flight effective date of
cycles or 74,300 this AD, without
flight hours since exceeding 29,200
first flight of the flight cycles or
airplane, whichever 81,800 flight hours
occurs first. since first flight,
whichever occurs
first.
Model A310-304, -322, -324 Prior to Within 3,000 flight
and -325 long range accumulation of cycles after the
airplanes. 23,400 flight effective date of
cycles or 117,100 this AD, without
flight hours since exceeding 25,800
first flight of the flight cycles or
airplane, whichever 129,000 flight
occurs first. hours since first
flight, whichever
occurs first.
Model A310-203, -204, -221, Prior to Within 3,000 flight
and A310-222. accumulation of cycles after the
23,400 flight effective date of
cycles or 46,800 this AD, without
flight hours since exceeding 28,800
first flight of the flight cycles or
airplane, whichever 57,700 flight hours
occurs first. since first flight,
whichever occurs
first.
------------------------------------------------------------------------
Note 1: To establish the average flight time, take the
accumulated flight time (counted from the take-off up to the
landing) and divide by the number of accumulated flight cycles. This
gives the average flight time per flight cycle.
(2) For airplanes that have been modified before the effective
date of this AD in accordance with Airbus Mandatory Service Bulletin
A310-53-2124, Revision 01, dated May 3, 2007: Within 500 flight
cycles or 800 flight hours after the effective date of this AD,
whichever occurs first, contact Airbus and follow their corrective
actions.
(3) If, during any inspection required by paragraph (f)(1) of
this AD, any cracking is found or if the edge distance is less than
the distance specified in Airbus Mandatory Service Bulletin A310-53-
2124, Revision 02, dated May 22, 2008, before further flight,
contact Airbus and follow their corrective actions.
FAA AD Differences
Note 2: 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: Tom
Stafford, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 227-1622; 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
[[Page 26315]]
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 Union Airworthiness Directive 2008-
0212, dated December 4, 2008; and Airbus Mandatory Service Bulletin
A310-53-2124, Revision 02, dated May 22, 2008; for related
information.
Issued in Renton, Washington, on May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-12740 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-13-P