[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Proposed Rules]               
[Page 50256-50258]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-18]                         

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DEPARTMENT OF TRANSPORTATION



Federal Aviation Administration



14 CFR Part 39



[Docket No. FAA-2008-0910; Directorate Identifier 2008-NM-033-AD]

RIN 2120-AA64



 
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-

300, A340-500, and A340-600 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 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:



    An A330 operator reported a shroud box bottom panel missing 

during a routine inspection. The same panel detached from an A330 

aircraft during take-off, causing damage to the surrounding 

structure and to the Trimmable Horizontal Stabilizer (THS) tip 

fairing.

    The inspection indicated the blind rivets used to attach the 

panel worked loose causing fatigue damage with crack propagation 

through the fastener line resulting in panel detachment * * *.

    * * * Three additional events of panel loss have been 

experienced on in service aircraft already inspected in accordance 

with the AD requirements * * *.* * *



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 September 25, 

2008.



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 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-2008-0910; 

Directorate Identifier 2008-NM-033-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



    On April 4, 2007, we issued AD 2007-08-05, Amendment 39-15022 (72 

FR 18563, April 13, 2007). That AD required actions intended to address 

an unsafe condition on the products listed above.

    Since we issued AD 2007-08-05, we have received additional reports 

of loss of the bottom panel of the shroud box on in-service airplanes 

on which the one-time detailed inspection required by AD 2007-08-05 has 

been done. Therefore, the requirements of AD 2007-08-05 do not 

adequately address the identified unsafe condition of that AD. The 

European Aviation Safety Agency (EASA), which is the Technical Agent 

for the Member States of the European Community, has issued 

Airworthiness Directive 2008-0002, dated January 7, 2008 (referred to 

after this as ``the MCAI''), to correct an unsafe condition for the 

specified products. The MCAI states:



    An A330 operator reported a shroud box bottom panel missing 

during a routine inspection. The same panel detached from an A330 

aircraft during take-off, causing damage to the surrounding 

structure and to the Trimmable Horizontal Stabilizer (THS) tip 

fairing.

    The inspection indicated the blind rivets used to attach the 

panel worked loose causing fatigue damage with crack propagation 

through the fastener line resulting in panel detachment.

    To avoid potential injuries to persons on ground, Airworthiness 

Directive (AD) 2006-0107 [which corresponds with FAA AD 2007-08-05] 

mandated a one time detailed visual inspection of the shroud box 

bottom panel.

    Further to issuance of AD 2006-0107, three additional events of 

panel loss have been experienced on in service aircraft already 

inspected in accordance with the AD requirements and no findings. 

Thus, it has been decided to delete this one time detailed visual 

inspection and to mandate a modification which prevents such unsafe 

condition. Therefore, the present AD supersedes EASA AD 2006-0107 

and mandates the installation of a bolted shroud box bottom panel 

instead of blind riveted metallic design.



The modification includes doing all applicable related investigative 

and corrective actions. The related investigative action is an 

inspection to detect cracks of the shroud box hole. The corrective 

action is repairing any cracked shroud box hole. The applicability of 

the MCAI has been revised; certain airplanes have been removed and 

others added. You may obtain further information by examining the MCAI 

in the AD docket.



Relevant Service Information



    Airbus has issued the following service bulletins:

     Airbus Service Bulletin A330-57-3100, dated October 1, 

2007;

     Airbus Service Bulletin A340-57-4109, dated October 1, 

2007; and

     Airbus Service Bulletin A340-57-5018, dated October 1, 

2007.

The actions described in this service information are intended to 

correct the unsafe condition identified in the MCAI.



[[Page 50257]]



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 a NOTE within the proposed AD.



Costs of Compliance



    Based on the service information, we estimate that this proposed AD 

would affect about 34 products of U.S. registry. We also estimate that 

it would take about 20 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 $990 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 $88,060, or $2,590 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, 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 39-15022 (72 FR 

18563, April 13, 2007) and adding the following new AD:



Airbus: Docket No. FAA-2008-0910; Directorate Identifier 2008-NM-

033-AD.



Comments Due Date



    (a) We must receive comments by September 25, 2008.



Affected ADs



    (b) The proposed AD supersedes AD 2007-08-05, Amendment 39-

15022.



Applicability



    (c) This AD applies to Airbus airplanes identified in Table 1 of 

this AD; certificated in any category.



                         Table 1--Applicability

------------------------------------------------------------------------

                                                       Except for those

           For model--                On which--         airplanes on

                                                            which--

------------------------------------------------------------------------

(1) A330-200, A330-300, and A340- Airbus              Airbus

 300 series, all certified         modification        Modification

 models, all serial numbers.       46077 has been      55568 has been

                                   embodied in         done in

                                   production.         production, or

                                                       Airbus Service

                                                       Bulletin A330-57-

                                                       3100 or Airbus

                                                       Service Bulletin

                                                       A340-57-4109 has

                                                       been embodied in

                                                       service.

(2) Airbus A340-500 and A340-600  None..............  Airbus

 series, all certified models,                         modification

 all serial numbers.                                   55568 has been

                                                       embodied in

                                                       production, or

                                                       Airbus Service

                                                       Bulletin A340-57-

                                                       5018 has been

                                                       embodied in

                                                       service.

------------------------------------------------------------------------



Subject



    (d) Air Transport Association (ATA) of America Code 57: Wings.



Reason



    (e) The mandatory continuing airworthiness information (MCAI) 

states:



    An A330 operator reported a shroud box bottom panel missing 

during a routine inspection. The same panel detached from an A330 

aircraft during take-off, causing damage to the surrounding 

structure and to the Trimmable Horizontal Stabilizer (THS) tip 

fairing.



[[Page 50258]]



    The inspection indicated the blind rivets used to attach the 

panel worked loose causing fatigue damage with crack propagation 

through the fastener line resulting in panel detachment.

    To avoid potential injuries to persons on ground, Airworthiness 

Directive (AD) 2006-0107 [which corresponds with FAA AD 2007-08-05] 

mandated a one time detailed visual inspection of the shroud box 

bottom panel.

    Further to issuance of AD 2006-0107, three additional events of 

panel loss have been experienced on in service aircraft already 

inspected in accordance with the AD requirements and no findings. 

Thus, it has been decided to delete this one time detailed visual 

inspection and to mandate a modification which prevents such unsafe 

condition. Therefore, the present AD supersedes EASA AD 2006-0107 

and mandates the installation of a bolted shroud box bottom panel 

instead of blind riveted metallic design.



The modification includes doing all applicable related investigative 

and corrective actions. The related investigative action is an 

inspection to detect cracks of the shroud box hole. The corrective 

action is repairing any cracked shroud box hole.



New Requirements of This AD: Actions and Compliance



    (f) Unless already done: Within 69 months after the effective 

date of this AD, modify the shroud box bottom skin panel on both 

wings, and do all applicable related investigative and corrective 

actions, by accomplishing all the actions in the applicable service 

bulletins identified in Table 2 of this AD. Do all applicable 

related investigative and corrective actions before further flight.



                       Table 2--Service Bulletins

------------------------------------------------------------------------

          Service Bulletin--                         Dated--

------------------------------------------------------------------------

Airbus Service Bulletin A330-57-3100..  October 1, 2007.

Airbus Service Bulletin A340-57-4109..  October 1, 2007.

Airbus Service Bulletin A340-57-5018..  October 1, 2007.

------------------------------------------------------------------------



FAA AD Differences



    Note: 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: 

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 appropriate principal inspector (PI) in the FAA 

Flight Standards District Office (FSDO), or lacking a PI, your local 

FSDO.

    (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 2008-0002, dated January 7, 2008; and the service 

bulletins identified in Table 2 of this AD for related information.



    Issued in Renton, Washington, on August 18, 2008.

Ali Bahrami,

Manager, Transport Airplane Directorate, Aircraft Certification 

Service.

[FR Doc. E8-19716 Filed 8-25-08; 8:45 am]

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