[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Proposed Rules]               
[Page 1649-1651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja09-17]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0003; Directorate Identifier 2007-NM-251-AD]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes, and A340-200, -300, -500 and -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. 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: Several cases of corrosion and damage on the Down Drive 
Shafts (DDS), between the Down Drive Gear Box (DDGB) and the Input Gear 
Box (IPGB), on all 10 Flap Tracks (5 per wing), have been reported by 
AIRBUS Long Range Operators. Investigations have revealed that 
corrosion and wear due to absence of grease in the spline interfaces 
could cause [DDS] disconnection which could result in a free movable 
flap surface, potentially leading to aircraft asymmetry or even flap 
detachment.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 February 12, 
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 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: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; 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-2009-0003; 
Directorate Identifier 2007-NM-251-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 2008-0026, dated February 12, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several cases of corrosion and damage on the Down Drive Shafts 
(DDS), between the Down Drive Gear Box (DDGB) and the Input Gear Box 
(IPGB), on all 10 Flap Tracks (5 per wing), have been reported by 
AIRBUS Long Range Operators.
    Investigations have revealed that corrosion and wear due to 
absence of grease in the spline interfaces could cause [DDS] 
disconnection which could result in a free movable flap surface, 
potentially leading to aircraft asymmetry or even flap detachment.
    Emergency Airworthiness Directive (EAD) 2007-0222-E mandated on 
all aircraft older than 6 years since AIRBUS original delivery date 
of the aircraft, an initial inspection of all DDS and IPGB for 
corrosion and wear detection in order to replace any damaged part.
    Revision 1 of EAD 2007-0222-E aimed for clarifying the 
compliance instructions.
    [EASA AD 2008-0026] supersedes the EAD 2007-0222R1-E and 
mandates repetitive inspections every 6 years for all the fleet.

The corrective actions include replacing damaged parts before next 
flight. You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A330-27-3151, A330-27-3152, 
A340-27-4151, A340-27-4152, and A340-27-5040; all dated August 9, 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 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

[[Page 1650]]

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 41 products of U.S. registry. We also estimate that 
it would take about 65 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 $0 per product. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $213,200, or $5,200 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-2009-0003; Directorate Identifier 2007-NM-
251-AD.

Comments Due Date

    (a) We must receive comments by February 12, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200 and -300 series 
airplanes, and A340-200, -300, -500 and -600 series airplanes, 
certificated in any category; all certified models, all manufacturer 
serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several cases of corrosion and damage on the Down Drive Shafts 
(DDS), between the Down Drive Gear Box (DDGB) and the Input Gear Box 
(IPGB), on all 10 Flap Tracks (5 per wing), have been reported by 
AIRBUS Long Range Operators.
    Investigations have revealed that corrosion and wear due to 
absence of grease in the spline interfaces could cause [DDS] 
disconnection which could result in a free movable flap surface, 
potentially leading to aircraft asymmetry or even flap detachment.
    Emergency Airworthiness Directive (EAD) 2007-0222-E mandated on 
all aircraft older than 6 years since AIRBUS original delivery date 
of the aircraft, an initial inspection of all DDS and IPGB for 
corrosion and wear detection in order to replace any damaged part.
    Revision 1 of EAD 2007-0222-E aimed for clarifying the 
compliance instructions.
    [EASA AD 2008-0026] supersedes the EAD 2007-0222R1-E and 
mandates repetitive inspections every 6 years for all the fleet.

The corrective actions include replacing damaged parts before next 
flight.

Actions and Compliance

    (f) Unless already done, do the applicable inspections and 
corrective actions specified in paragraphs (f)(1) and (f)(2) of this 
AD in accordance with the instructions of the applicable service 
information specified in Table 1 of this AD.

                      Table 1--Service Information
------------------------------------------------------------------------
                                                         For actions
         For model--             Airbus Service         specified in
                                   Bulletin--            paragraph--
------------------------------------------------------------------------
A330 airplanes..............  A330-27-3151, dated   (f)(1)(i) and
                               August 9, 2007.       (f)(1)(ii) of this
                                                     AD.
A330 airplanes..............  A330-27-3152, dated   (f)(1)(iv) and
                               August 9, 2007.       (f)(2) of this AD.
A340-200 and -300 airplanes.  A340-27-4151, dated   (f)(1)(i) and
                               August 9, 2007.       (f)(1)(ii) of this
                                                     AD.
A340-200 and -300 airplanes.  A340-27-4152, dated   (f)(1)(iv) and
                               August 9, 2007.       (f)(2) of this AD.
A340-500 and -600 airplanes.  A340-27-5040, dated   (f)(2) of this AD.
                               August 9, 2007.
------------------------------------------------------------------------

    (1) For Model A330 airplanes, up to and including manufacturer 
serial number (MSN) 0420, and Model A340-200 and -300 series 
airplanes, up to and including MSN 0415, except MSNs 0385 and 0395: 
Do the actions specified in paragraphs (f)(1)(i), (f)(1)(ii), and 
(f)(1)(iii) of this AD at the applicable time specified.
    (i) For airplanes on which less than 10 years have accumulated 
since the date of issuance of the original French standard 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness as of the effective date 
of this AD: Within 24 months after the

[[Page 1651]]

effective date of this AD, perform simultaneous detailed visual 
inspections of the IPGB and of the DDS on all flap tracks on both 
wings for corrosion and wear detection and do all applicable 
corrective actions. Do all applicable corrective actions before 
further flight.
    (ii) For airplanes on which 10 or more years have accumulated 
since the date of issuance of the original French standard 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness as of the effective date 
of this AD: Within 4 months after the effective date of this AD, 
perform simultaneous detailed visual inspections of the IPGB and of 
the DDS on flap tracks 2 and 4 on both wings for corrosion and wear 
detection and do all applicable corrective actions. Do all 
applicable corrective actions before further flight.
    (iii) Within 30 days after performing an initial inspection 
required by paragraph (f)(1)(i) or (f)(1)(ii) of this AD, or within 
30 days after the effective date of this AD, whichever occurs later, 
report the initial inspection results only, whatever they are, to 
Airbus as specified in the reporting sheet of the applicable service 
information listed in Table 1 of this AD.
    (iv) Within 6 years after performing the inspection required by 
paragraph (f)(1)(i) or (f)(1)(ii) of this AD; and thereafter at 
intervals not exceeding 6 years: Perform simultaneous detailed 
visual inspections of the IPGB and of the DDS on all flap tracks on 
both wings for corrosion and wear detection and do all applicable 
corrective actions. Do all applicable corrective actions before 
further flight.
    (2) For airplanes other than those identified in paragraph 
(f)(1) of this AD: Within 6 years after issuance of the original 
French standard airworthiness certificate or the date of issuance of 
the original French export certificate of airworthiness, or within 
20 months after the effective date of this AD, whichever occurs 
later; and thereafter at intervals not exceeding 6 years: Perform 
simultaneous detailed visual inspections of the IPGB and of the DDS 
on all flap tracks on both wings for corrosion and wear detection 
and do all applicable corrective actions. Do all applicable 
corrective actions before further flight.

    Note 1: Airbus should be contacted in order to get appropriate 
information for airplanes on which the original delivery date of the 
airplane is unknown to the operator.

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, ANM-116, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2797; 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 EASA Airworthiness Directive 2008-0026, dated 
February 12, 2008, and the service information specified in Table 1 
of this AD, for related information.

    Issued in Renton, Washington, on December 29, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-458 Filed 1-12-09; 8:45 am]

BILLING CODE 4910-13-P