[Federal Register: March 10, 2009 (Volume 74, Number 45)]
[Proposed Rules]
[Page 10199-10202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr09-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0211; Directorate Identifier 2008-NM-028-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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:
* * * * *
[B]ogie beam internal paint has been degraded, leading to a loss
of cadmium plating and thus allowing development of corrosion
pitting.
If not corrected, this situation under higher speed could result
in the aircraft departing the runway or in the bogie [beam]
detaching from the aircraft or [main landing] gear collapses, which
would constitute an unsafe condition.
* * * * *
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 April 9, 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.,
[[Page 10200]]
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. For Airbus service information identified in
this proposed 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. For Messier-Dowty service information identified in
this proposed AD, contact Messier Services Americas, Customer Support
Center, 45360 Severn Way, Sterling, Virginia 20166-8910; telephone 703-
450-8233; fax 703-404-1621; Internet https://techpubs.services.messier-
dowty.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: 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-2009-0211;
Directorate Identifier 2008-NM-028-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.
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 2008-0093, dated May 20, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
The operator of an A330 aircraft (which has a common bogie beam
with the A340) has reported a fracture of the RH (right-hand) MLG
(main landing gear) Bogie Beam whilst turning during low speed taxi
maneuvers. The bogie [beam] fractured aft of the pivot point and
remained attached to the sliding tube by the brake torque reaction
rods. After this RH bogie [beam] failure, the aircraft continued for
approximately 40 meters on the forks of the sliding member before
coming to rest on the taxiway without any passenger injury.
The preliminary investigations revealed that this event was due
to corrosion pitting occurring on the bore of the bogie beam.
Investigations are ongoing to determine why bogie beam internal
paint has been degraded, leading to a loss of cadmium plating and
thus allowing development of corrosion pitting.
If not corrected, this situation under higher speed could result
in the aircraft departing the runway or in the bogie [beam]
detaching from the aircraft or [main landing] gear collapses, which
would constitute an unsafe condition.
To enable early detection and repair of any corrosion of the
internal surfaces, EASA AD 2007-0314 required a one-time inspection
on all MLG Bogie Beams except Enhanced MLG Bogie Beams and the
reporting of the results to AIRBUS.
The Revision 1 of AD 2007-0314 aimed to clarify the compliance
time of the inspection and to extend the reporting period.
The present AD which supersedes the AD 2007-0314R1:
--Takes over the AD 2007-0314R1 requirements and
--Reduces the inspection threshold from 6 to 4.5 years due to
significant findings on the inspected aircraft.
Required actions include applying protective treatments to the bogie
beam and corrective actions. Corrective actions include repair of any
damaged or corroded surfaces or surface treatments; and contacting
Messier-Dowty for repair instructions and doing the repair. You may
obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Airbus and Messier-Dowty have issued the service information
described in the following table. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
Service Information
------------------------------------------------------------------------
Service Bulletin Date
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Airbus Mandatory Service Bulletin November 21, 2007.
A330-32-3225, including Appendix 01.
Airbus Mandatory Service Bulletin November 21, 2007.
A340-32-4268, including Appendix 01.
Messier-Dowty Service Bulletin A33/34- September 13, 2007.
32-271, including Appendix A.
Messier-Dowty Service Bulletin A33/34- November 16, 2007.
32-272, including Appendixes A, B,
C, and D.
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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
[[Page 10201]]
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 29 products of U.S. registry. We also estimate that
it would take about 22 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $51,040, or $1,760 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 adding the following new AD:
Airbus: Docket No. FAA-2009-0211; Directorate Identifier 2008-NM-
028-AD.
Comments Due Date
(a) We must receive comments by April 9, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A330-200, A330-300, A340-
200, and A340-300 series airplanes; certificated in any category;
all certified models; all serial numbers, except those on which
Airbus modification 54500 has been embodied in production or Airbus
Service Bulletin A330-32-3212 has been embodied in service.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
Gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``The operator of an A330 aircraft (which has a common bogie
beam with the A340) has reported a fracture of the RH (right-hand)
MLG (main landing gear) Bogie Beam whilst turning during low speed
taxi maneuvers. The bogie [beam] fractured aft of the pivot point
and remained attached to the sliding tube by the brake torque
reaction rods. After this RH bogie [beam] failure, the aircraft
continued for approximately 40 meters on the forks of the sliding
member before coming to rest on the taxiway without any passenger
injury.
``The preliminary investigations revealed that this event was
due to corrosion pitting occurring on the bore of the bogie beam.
Investigations are ongoing to determine why bogie beam internal
paint has been degraded, leading to a loss of cadmium plating and
thus allowing development of corrosion pitting.
``If not corrected, this situation under higher speed could
result in the aircraft departing the runway or in the bogie [beam]
detaching from the aircraft or [main landing] gear collapses, which
would constitute an unsafe condition.
``To enable early detection and repair of any corrosion of the
internal surfaces, EASA AD 2007-0314 required a one-time inspection
on all MLG Bogie Beams except Enhanced MLG Bogie Beams and the
reporting of the results to AIRBUS.
``The Revision 1 of AD 2007-0314 aimed to clarify the compliance
time of the inspection and to extend the reporting period.
``The present AD which supersedes the AD 2007-0314R1:
--Takes over the AD 2007-0314R1 requirements and
--Reduces the inspection threshold from 6 to 4.5 years due to
significant findings on the inspected aircraft.''
Required actions include applying protective treatments to the bogie
beam and corrective actions. Corrective actions include repair of
any damaged or corroded surfaces or surface treatments; and
contacting Messier-Dowty for repair instructions and doing the
repair.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the applicable compliance time specified in paragraph
(f)(2) or (f)(3) of this AD: Clean the internal bore and perform a
detailed visual inspection of internal surfaces of the MLG bogie
beam (right-hand and left-hand) for any damage to the protective
treatments or any corrosion, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A330-32-3225 or
A340-32-4268, both dated November 21, 2007; as applicable.
(i) If no damage and corrosion is found, before further flight,
apply the protective treatments of the bogie beam, in accordance
with the Accomplishment Instructions of Messier-Dowty Service
Bulletin A33/34-32-272, including Appendixes A, B, C, and D, dated
November 16, 2007.
(ii) If any damage or corrosion is found, before further flight,
do all applicable corrective actions and apply the protective
treatments of the bogie beam, in accordance with the Accomplishment
Instructions of Messier-Dowty Service Bulletin A33/34-32-272,
including Appendixes A, B, C, and D, dated November 16, 2007.
(2) For airplanes with 54 months or less time-in-service since
the date of issuance of the original French airworthiness
certificate or the date of issuance of the original French export
certificate of airworthiness as of the effective date of this AD: At
the latest of the applicable times specified in paragraphs
(f)(2)(i), (f)(2)(ii), and (f)(2)(iii) of this AD, do the actions
required by paragraph (f)(1) of this AD.
(i) Not before 54 months since the date of issuance of the
original French airworthiness certificate or the date of issuance of
the original French export certificate of airworthiness, but no
later than 72 months since the date of issuance of the original
French airworthiness certificate or the date of issuance of the
original French export certificate of airworthiness.
(ii) Not before 54 months since the installation of a new bogie
beam in-service
[[Page 10202]]
before the effective date of this AD, but no later than 72 months
since the installation of a new bogie beam in-service before the
effective date of this AD.
(iii) Not before 54 months since the last overhaul of a bogie
beam before the effective date of this AD, but no later than 72
months since the last overhaul of a bogie beam before the effective
date of this AD.
(3) For airplanes with more than 54 months time-in-service since
the date of issuance of the original French airworthiness
certificate or the date of issuance of the original French export
certificate of airworthiness as of the effective date of this AD: At
the applicable time specified in paragraph (f)(3)(i), (f)(3)(ii),
(f)(3)(iii), (f)(3)(iv), or (f)(3)(v) of this AD, do the actions
required by paragraph (f)(1) of this AD.
(i) For airplanes on which the bogie beam has not been replaced
or overhauled since the date of issuance of the original French
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness as of the effective date
of this AD: Within 18 months after the effective date of this AD.
(ii) For airplanes on which the bogie beam has been replaced in-
service with a new bogie beam and the new bogie beam has more than
54 months time-in-service as of the effective date of this AD:
Within 18 months after the effective date of this AD.
(iii) For airplanes on which the bogie beam has been replaced
in-service with a new bogie beam and the new bogie beam has 54
months or less time-in-service as of the effective date of this AD:
Not before 54 months since the installation of a new bogie beam in-
service before the effective date of this AD, but no later than 72
months since the installation of a new bogie beam in-service before
the effective date of this AD.
(iv) For airplanes on which the bogie beam has been overhauled
and the overhauled bogie beam has more than 54 months time-in-
service as of the effective date of this AD: Within 18 months after
the effective date of this AD, or at the next scheduled bogie beam
overhaul, whichever occurs first.
(v) For airplanes on which the bogie beam has been overhauled
and the overhauled bogie beam has 54 months or less time-in-service
as of the effective date of this AD: Not before 54 months since the
last overhaul of a bogie beam before the effective date of this AD,
but no later than 72 months since the last overhaul of a bogie beam
before the effective date of this AD.
(4) Within 30 days after accomplishment of the inspection
required by paragraph (f)(1) of this AD or within 30 days after the
effective date of this AD, whichever occurs later, report the
results, including no findings, to Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; e-mail airworthiness.A330-
A340@airbus.com.
(5) Actions accomplished in accordance with Messier-Dowty
Service Bulletin A33/34-32-271, including Appendix A, dated
September 13, 2007, are considered acceptable for compliance with
the corresponding requirements of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI specifies repair and corrective actions in
accordance with Airbus Mandatory Service Bulletin A330-32-3225 or
A340-32-4268, both dated November 21, 2007; however, the Airbus
service bulletins do not describe those actions. Paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD specify repair and corrective
actions in accordance with Messier-Dowty Service Bulletin A33/34-32-
272, including Appendixes A, B, C, and D, dated November 16, 2007.
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:
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 European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0093, dated May 20, 2008, and the
service bulletins specified in Table 1 of this AD, for related
information.
Table 1--Service Information
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Service Bulletin Date
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Airbus Mandatory Service Bulletin November 21, 2007.
A330-32-3225, including Appendix 01.
Airbus Mandatory Service Bulletin November 21, 2007.
A340-32-4268, including Appendix 01.
Messier-Dowty Service Bulletin A33/34- September 13, 2007.
32-271, including Appendix A.
Messier-Dowty Service Bulletin A33/34- November 16, 2007.
32-272, including Appendixes A, B,
C, and D.
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Issued in Renton, Washington, on February 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-5062 Filed 3-9-09; 8:45 am]
BILLING CODE 4910-13-P