[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Rules and Regulations]
[Page 8479-8481]
[DOCID:fr25fe10-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0128; Directorate Identifier 2009-NM-136-AD;
Amendment 39-16215; AD 2010-05-06]
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.

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

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:

    During the A340-600 full scale fatigue test, cracks were found
on left and right sides of the rear spar vertical cruciform at Frame
47.
    This situation, if not corrected, can affect the aircraft
structural integrity.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective March 12, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 12,
2010.
    We must receive comments on this AD by April 12, 2010.

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:<PHONE_NUMBER>.
     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<PHONE_NUMBER>) 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<PHONE_NUMBER>.

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 2007-0207R1, dated November 7, 2007 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During the A340-600 full scale fatigue test, cracks were found
on left and right sides of the rear spar vertical cruciform at Frame
47.
    This situation, if not corrected, can affect the aircraft
structural integrity.
    Further to this full scale fatigue test completion, it has been
determined that the current inspections values (thresholds and
intervals) as specified in the ALI [Airworthiness Limitation Items]
tasks 57.18.16 have to be reviewed in order to comply with
certification requirements. Consequently AIRBUS Service Bulletin
(SB) A340-57-5011 has been issued to supersede the ALI tasks
57.18.16.
    This AD mandates a repetitive inspection program in order to
detect any crack by means of two Non-Destructive Test (NDT)
inspection methods (High Frequency Eddy Current and Ultra Sonic).
    This AD has been revised in order to exclude from the
applicability section, A340-642 aircraft on which a terminating
action modification 56026 or SB A340-57-5010 has been embodied and
which consists of a large cut-out of the vertical cruciform flange
in order to reduce the stress level in this critical area.

    The compliance times for the initial and repetitive inspections
depend on the airplane configuration and weight

variant. For the initial inspections, the earliest compliance time is
2,600 total flight cycles or 17,100 total flight hours, whichever
occurs first, and the latest compliance time is 8,300 total flight
cycles or 67,100 total flight hours, whichever occurs first. For the
repetitive intervals, the shortest interval is 1,200 flight cycles or
8,600 flight hours, whichever occurs first, and the longest interval is
2,600 flight cycles or 17,200 flight hours, whichever occurs first. You
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-57-5011,
including Appendix 01, dated June 27, 2007; and Service Bulletin A340-
57-5010, Revision 01, dated April 2, 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-2010-0128; Directorate
Identifier 2009-NM-136-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 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.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-05-06 Airbus: Amendment 39-16215. Docket No. FAA-2010-0128;
Directorate Identifier 2009-NM-136-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-541 and -642 airplanes,
certificated in any category; all serial numbers, except those on
which Airbus Modification 56026 has been accomplished in production,
or Airbus Service Bulletin A340-57-5010 has been accomplished in
service.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:

    During the A340-600 full scale fatigue test, cracks were found
on left and right sides of the rear spar vertical cruciform at Frame
47.
    This situation, if not corrected, can affect the aircraft
structural integrity.
    Further to this full scale fatigue test completion, it has been
determined that the current inspections values (thresholds and

intervals) as specified in the ALI (Airworthiness Limitation Items)
tasks 57.18.16 have to be reviewed in order to comply with
certification requirements. Consequently AIRBUS Service Bulletin
(SB) A340-57-5011 has been issued to supersede the ALI tasks
57.18.16.
    This AD mandates a repetitive inspection program in order to
detect any crack by means of two Non-Destructive Test (NDT)
inspection methods (High Frequency Eddy Current and Ultra Sonic).
    This AD has been revised in order to exclude from the
applicability section, A340-642 aircraft on which a terminating
action modification 56026 or SB A340-57-5010 has been embodied and
which consists of a large cut-out of the vertical cruciform flange
in order to reduce the stress level in this critical area.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Do the following actions.
    (1) At the applicable time specified in the table titled,
``THRESHOLDS'' in paragraph 1.E.(2) of Airbus Mandatory Service
Bulletin A340-57-5011, dated June 27, 2007, or within 3 months after
the effective date of this AD, whichever occurs later; except that
where the table expresses times in terms of ``flight cycles'' and
``flight hours,'' those terms mean ``total flight cycles'' and
``total flight hours'' for purposes of this AD: Perform the NDT
inspections of the cruciform fitting radius at Frame 47 on the
right-hand and left-hand sides, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A340-57-5011, dated June 27, 2007.
    (2) Submit a report of the findings of the inspection required
by paragraph (g)(1) of this AD using Appendix 01 of Airbus Mandatory
Service Bulletin A340-57-5011, dated June 27, 2007, to Airbus,
Customer Services Directorate, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex France, Attn: SDC32 Technical Data and Documentation
Services; fax (+33) 5 61 93 28 06; e-mail<EMAIL_ADDRESS>
at the applicable time specified in paragraph (g)(2)(i) or
(g)(2)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was accomplished prior to the effective
date of this AD: Submit the report within 30 days after the
effective date of this AD.
    (3) If no crack is detected during an inspection required by
paragraph (g)(1) of this AD, apply sealant before further flight, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A340-57-5011, dated June 27, 2007. Repeat the
inspection required by paragraph (g)(1) of this AD thereafter at the
applicable interval specified in paragraph 1.E.(2) of Airbus
Mandatory Service Bulletin A340-57-5011, dated June 27, 2007.
    (4) If any crack is found during any inspection required by
paragraph (g)(1) of this AD, contact Airbus to get repair
instructions and repair before further flight.
    (5) Modifying the rear spar vertical cruciform at frame 47 in
accordance with Airbus Service Bulletin A340-57-5010, Revision 01,
dated April 2, 2008, terminates the inspection requirements of
paragraphs (g)(1) and (g)(3) of this AD.
    (6) After accomplishing the initial inspections required by
paragraph (g)(1) of this AD or after the modification specified in
paragraph (g)(5) of this AD is done, the limitation Tasks 57.18.16
(10 different tasks) of Airbus A340-500/600 Airworthiness Limitation
Items need not be done.
    (7) Modifying the rear spar vertical cruciform at frame 47 is
also acceptable for compliance with the requirements of paragraph
(g)(5) of this AD if done before the effective date of this AD in
accordance with Airbus Service Bulletin A340-57-5010, dated
September 28, 2007.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (h) 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<PHONE_NUMBER>. 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 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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2007-0207R1, dated November 7, 2007; Airbus
Service Bulletin A340-57-5010, Revision 01, dated April 2, 2008; and
Airbus Mandatory Service Bulletin A340-57-5011, dated June 27, 2007;
for related information.

Material Incorporated by Reference

    (j) You must use Airbus Mandatory Service Bulletin A340-57-5011,
including Appendix 01, dated June 27, 2007, as applicable, to do the
actions required by this AD, unless the AD specifies otherwise. If
you accomplish the optional actions specified by this AD, you must
use Airbus Service Bulletin A340-57-5010, Revision 01, dated April
2, 2008, to perform those actions, 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; fax +33 5 61 93 45 80; e-mail
<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (3) You may review copies of the service information that is
incorporated by reference 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<PHONE_NUMBER>.
    (4) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 16, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-3485 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P