[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Rules and Regulations]
[Page 2057-2060]
[DOCID:fr14ja10-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1251; Directorate Identifier 2009-NM-133-AD;
Amendment 39-16174; AD 2010-02-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A340-200 and A340-300
Series 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:
* * * * *
    Engineering analysis using the new calculated loads has shown
that the structural integrity of the forward engine mount cannot be
guaranteed after either thrust link has accumulated 15500 Flight
Cycles (FC).
* * * * *

A loss of structural integrity of the forward engine mounts could lead
to the loss of the load path for the forward engine mount and damage to
other engine mount structures, which could result in failure of the
forward engine mount, possible separation of the engine from the
airplane, damage to the wing, or loss of control of the airplane. This
AD requires actions that are intended to address the unsafe condition
described in the MCAI.

DATES: This AD becomes effective January 29, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 29,
2010.
    We must receive comments on this AD by March 1, 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 W12-140, 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, International
Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; 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 2009-0115, dated May 29, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A recent review of the A340-200/300 fleet has shown that the
current utilization rate of the aeroplanes is different from the
assumptions used at the time of A340 initial certification. New
calculations have been performed taking into account an updated
mission profile to determine the impact to the loads on the forward
engine mount.
    Engineering analysis using the new calculated loads has shown
that the structural integrity of the forward engine mount cannot be
guaranteed after either thrust link has accumulated 15500 Flight
Cycles (FC).
    Consequently, this AD introduces a Limit Of Validity (LOV) of
15500 FC for CFM 56-5C forward engine mount thrust links Part Number
(P/N) 340-7005-3 and P/N 340-7005-4.
    In addition, this AD requires establishing the deadline for
replacement of forward engine mount thrust link assemblies, to trace
the life of these assemblies and to replace them no later than the
calculated deadline.

A loss of structural integrity of the forward engine mounts could lead
to the loss of the load path for the forward engine mount and damage to
other engine mount structures, which could result in failure of the
forward engine mount, possible separation of the engine from the
airplane, damage to the wing, or loss of control of the airplane. You
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-71-4006, Revision
01, dated May 14, 2009. 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-2009-1251; Directorate
Identifier 2009-NM-133-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:

2010-02-03 Airbus: Amendment 39-16174. Docket No. FAA-2009-1251;
Directorate Identifier 2009-NM-133-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -213, -311,
-312, and -313 airplanes, all manufacturer serial numbers;
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 71:
Powerplant.

Reason

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

    A recent review of the A340-200/300 fleet has shown that the
current utilization rate of the aeroplanes is different from the
assumptions used at the time of A340 initial certification. New
calculations have been performed taking into account an updated
mission profile to determine the impact to the loads on the forward
engine mount.
    Engineering analysis using the new calculated loads has shown
that the structural integrity of the forward engine mount cannot be
guaranteed after either thrust link has accumulated 15500 Flight
Cycles (FC).
    Consequently, this AD introduces a Limit of Validity (LOV) of 15
500 FC for CFM 56-5C forward engine mount thrust links Part Number
(P/N) 340-7005-3 and P/N 340-7005-4.
    In addition, this AD requires establishing the deadline for
replacement of forward engine mount thrust link assemblies, to trace
the life of these assemblies and to replace them no later than the
calculated deadline.

A loss of structural integrity of the forward engine mounts could
lead to the loss of the load path for the forward engine mount and
damage to other engine mount structures, which could result in
failure of the forward engine mount, possible separation of the
engine from the airplane, damage to the wing, or loss of control of
the airplane.

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) Unless already done, do the following actions.
    (1) At the applicable time in paragraph (g)(1)(i) or (g)(1)(ii)
of this AD: Calculate the flight cycles, as applicable, and replace
all CFM 56-5C forward engine mount thrust links P/N 340-7005-3 or P/
N 340-7005-4, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A340-71-4006, Revision 01, dated
May 14, 2009.

    Note 1:
    P/N 340-7005-3 and P/N 340-7005-4 are the part numbers for only
the link. P/N 340-7005-503 and P/N 340-7005-504 are the part numbers
for the assembly (comprising the bearing and the link).

    (i) For airplanes with thrust links for which the history of the
part is available: Replace in accordance with Airbus Mandatory
Service Bulletin A340-71-4006, Revision 01, dated May 14, 2009,
prior to the accumulation of 15,500 total flight cycles on the part,
or within 90 days from the effective date of the AD, whichever
occurs later.
    (ii) For airplanes with thrust links for which the part history
is partial or unknown: Within 30 days after the effective date of
this AD, calculate the replacement date in accordance with the
calculation method provided in Airbus Mandatory Service Bulletin
A340-71-4006, Revision 01, dated May 14, 2009, and replace the part
no later than the calculated replacement date.
    (2) Repeat the replacement required by paragraph (g)(1) of this
AD at intervals not to exceed 15,500 flight cycles on the part in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A340-71-4006, Revision 01, dated May 14, 2009.

FAA AD Differences

    Note 2:
    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, 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, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; 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 Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2009-0115, dated May 29, 2009; and Airbus Mandatory
Service Bulletin A340-71-4006, Revision 01, dated May 14, 2009; for
related information.

Material Incorporated by Reference

    (j) You must use Airbus Mandatory Service Bulletin A340-71-4006,
Revision 01, dated May 14, 2009, 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<EMAIL_ADDRESS>
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<PHONE_NUMBER> or<PHONE_NUMBER>.
    (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<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-211 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P