[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Rules and Regulations]
[Page 27908-27910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn09-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0523; Directorate Identifier 2009-NM-018-AD;
Amendment 39-15934; AD 2009-12-11]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A340-541 and -642
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:
Following a refined Finite Element Model (FEM) analysis of the
Nose Landing Gear (NLG) actuator fitting installed on the roof panel
of the NLG box of all A340-500/-600 aircraft, it has been
demonstrated that potential fatigue cracks can be initiated on the
NLG actuator fitting flanges.
This situation, if not corrected, could lead to inadvertent
extension of the NLG which could adversely affect the aircraft's
continued safe flight or [could result in] failure to retract the
NLG which, in combination with an engine failure, could adversely
affect the aircraft's safe take off.
[[Page 27909]]
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective June 29, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 29,
2009.
We must receive comments on this AD by July 13, 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: 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:
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 2008-0201, dated November 13, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Following a refined Finite Element Model (FEM) analysis of the
Nose Landing Gear (NLG) actuator fitting installed on the roof panel
of the NLG box of all A340-500/-600 aircraft, it has been
demonstrated that potential fatigue cracks can be initiated on the
NLG actuator fitting flanges.
This situation, if not corrected, could lead to inadvertent
extension of the NLG which could adversely affect the aircraft's
continued safe flight or [could result in] failure to retract the
NLG which, in combination with an engine failure, could adversely
affect the aircraft's safe take off.
To prevent such event, this Airworthiness Directive requires
High Frequency Eddy Current (HFEC) inspections and detailed visual
inspections on the NLG Actuator fitting to detect any crack and, in
case of finding, mandates the relevant corrective actions.
Corrective actions include contacting Airbus for repair
instructions and doing the repair. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
Airbus has issued Mandatory Service Bulletin A340-53-5045,
including Appendix 01, dated October 6, 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 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-2009-0523; Directorate
Identifier 2009-NM-018-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
[[Page 27910]]
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.
39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
2009-12-11 Airbus: Amendment 39-15934. Docket No. FAA-2009-0523;
Directorate Identifier 2009-NM-018-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 29,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A340-541 and -642
airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
Following a refined Finite Element Model (FEM) analysis of the
Nose Landing Gear (NLG) actuator fitting installed on the roof panel
of the NLG box of all A340-500/-600 aircraft, it has been
demonstrated that potential fatigue cracks can be initiated on the
NLG actuator fitting flanges.
This situation, if not corrected, could lead to inadvertent
extension of the NLG which could adversely affect the aircraft's
continued safe flight or [could result in] failure to retract the
NLG which, in combination with an engine failure, could adversely
affect the aircraft's safe take off.
To prevent such event, this Airworthiness Directive requires
High Frequency Eddy Current (HFEC) inspections and detailed visual
inspections on the NLG Actuator fitting to detect any crack and, in
case of finding, mandates the relevant corrective actions.
The corrective action includes contacting Airbus for repair
instructions and doing the repair.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the applicable time defined in paragraph (f)(1)(i) or
(f)(1)(ii) of this AD: Perform an HFEC inspection on fitting flanges
and a detailed visual inspection of the NLG actuator overall
fitting, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A340-53-5045, dated October 6,
2008.
(i) For weight variant 00x series: Before accumulating 3,920
total flight cycles or within 90 days of the effective date of this
AD, whichever occurs later.
(ii) For weight variant 10x series: Before accumulating 3,020
total flight cycles or within 90 days of the effective date of this
AD, whichever occurs later.
(2) If no crack is detected during both inspections required by
paragraph (f)(1) of this AD, repeat the inspections thereafter at
intervals not exceeding the interval defined in paragraph (f)(2)(i)
or (f)(2)(ii) of this AD, as applicable.
(i) For weight variant 00x series: 1,320 flight cycles.
(ii) For weight variant 10x series: 2,690 flight cycles.
(3) If any crack is detected during any inspection required by
this AD, before further flight, contact Airbus for repair
instructions and do the repair.
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, 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 principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
(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 (EASA)
Airworthiness Directive 2008-0201, dated November 13, 2008; and
Airbus Mandatory Service Bulletin A340-53-5045, including Appendix
01, dated October 6, 2008; for related information.
Material Incorporated by Reference
(i) You must use Airbus Mandatory Service Bulletin A340-53-5045,
including Appendix 01, dated October 6, 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--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
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 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 June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13572 Filed 6-11-09; 8:45 am]
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