AD 2008-11-05

[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Rules and Regulations]
[Pages 29423-29426]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-10978]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0048; Directorate Identifier 2007-NM-276-AD; 
Amendment 39-15527; AD 2008-11-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 and A300-600 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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:

    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders, AIRBUS decided to introduce 
some further structural inspections to specific rudder areas. This 
type of damage could result in reduced structural integrity of the 
rudder.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective June 25, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 25, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1622; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 22, 2008 (73 
FR 3656). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders, AIRBUS decided to introduce 
some further structural inspections to specific rudder areas. This 
type of damage could result in reduced structural integrity of the 
rudder.
    For the reasons stated above, this AD requires the 
accomplishment of a thorough inspection program [a one-time 
inspection and repetitive inspections for damage of the rudder] by 
ultrasonic and/or t[h]ermographic methods, compared to the 
inspections already required by Airworthiness Directive (AD) 2006-
0066, issued on 24 March 2006 [which corresponds to FAA AD 2006-07-
13] as a precautionary measure, in order to verify the structural 
integrity of the rudder.
* * * * *

    The corrective actions include reporting both positive and negative 
findings to Airbus, doing a temporary repair, and contacting Airbus for 
repair instructions and doing a permanent repair. The compliance times 
for doing the repairs range from before further flight to within 4,500 
flight cycles after doing the inspection, depending on the inspection 
type and the configuration of

[[Page 29424]]

the airplane. The repetitive inspection intervals range from 1,200 
flight cycles to 5,000 flight cycles, depending on the inspection type 
and the configuration of the airplane. You may obtain further 
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Reduce the Compliance Time

    The Allied Pilots Association (APA) requests that we reduce the 
compliance time to do the initial inspections specified in the NPRM 
from ``500 flight cycles or 6 months'' to ``before further flight.'' 
The APA states that it is unclear why any grace period is given for 
doing the inspections; the APA notes that statements by the 
Transportation Safety Board of Canada, and damage sustained during an 
earlier accident that resulted in destruction of the rudder and damage 
to the vertical fin due to an unknown quantity and type of damage, 
indicate the urgency of the inspections. The APA states that the 
affected rudders have been inspected only by visual means and have not 
been inspected by an effective means such as ultrasonic, infrared, and 
other sophisticated penetrating inspection methods. The APA concludes 
that the rudders subject to this AD are in unknown condition and at 
risk of an in-flight incident.
    We do not agree with reducing the compliance time. Airbus has 
analyzed its data in order to calculate the ``500 flight cycles or six 
months'' compliance time. The analysis included a review of previous 
inspections of the rudders that partially checked the affected area and 
no detectable disbond was found. In developing the compliance time for 
this AD action, we considered not only the safety implications of the 
identified unsafe condition, but the average utilization rate of the 
affected fleet, the practical aspects of inspecting the fleet during 
the compliance time, and the availability of required parts. In 
addition, we have coordinated with the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community. We have determined that the ``500 flight cycles or 
six months'' compliance time ensures an adequate level of safety for 
the affected fleet. No change is necessary for this AD in this regard.

Request To Exempt Certain Airplanes

    The Air Transport Association (ATA), on behalf of one of its 
members, American Airlines, requests that airplanes on which the 
modification specified in Airbus Service Bulletin A300-55-6015 has been 
accomplished be exempted from the requirements of the NPRM. American 
Airlines states that airplanes on which Airbus Modification 08827 has 
not been incorporated in production have rudders in the part number 
series A55471500 (which are subject to the requirements of the NPRM). 
American Airlines states that Modification 08827 is a modification that 
applies only to the rudder. American Airlines notes that the 
modification specified in Airbus Service Bulletin A300-55-6015 allows 
the installation of a post-modification 08827 rudder and therefore, 
airplanes on which Modification 08827 has not been incorporated in 
production may have a post-modification rudder.
    We acknowledge that Airbus Service Bulletins A300-55-6015, Revision 
02, dated February 23, 2004; Revision 03, dated March 28, 2007; and 
Revision 04, dated November 14, 2007 specify procedures to do a 
modification that allows a post-modification 08827 rudder to be 
installed. However, we do not agree that a change to the applicability 
of this AD is necessary. An airplane on which a post-modification 08827 
rudder is installed is not subject to this AD. The applicability of 
this AD specifies that only airplanes on which rudder part number (P/N) 
A55471500 series is fitted are subject to the AD. Airplanes fitted with 
a post-modification 08827 rudder will have a rudder part number other 
than P/N A55471500. No change has been made to this AD in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 123 products of U.S. registry. 
We also estimate that it will take about 22 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $216,480, 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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

[[Page 29425]]

contains the NPRM, 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.

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:

2008-11-05 AIRBUS: Amendment 39-15527. Docket No. FAA-2008-0048; 
Directorate Identifier 2007-NM-276-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 25, 
2008.

Affected ADs

    (b) The proposed AD supersedes AD 2006-07-13, Amendment 39-
14540.

Applicability

    (c) This AD applies to AIRBUS Model A310 and A300-600 series 
airplanes, certificated in any category, all certified models, all 
serial numbers, on which rudder Part Number (P/N) A55471500 series 
is fitted, except for those airplanes on which AIRBUS modification 
number 08827 has been incorporated in production.

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states: Based on some recent in-service findings for fluid ingress 
and/or inner skin disbond damage on rudders, AIRBUS decided to 
introduce some further structural inspections to specific rudder 
areas. This type of damage could result in reduced structural 
integrity of the rudder.
    For the reasons stated above, this AD requires the 
accomplishment of a thorough inspection program [a one-time 
inspection and repetitive inspections for damage of the rudder] by 
ultrasonic and/or t[h]ermographic methods, compared to the 
inspections already required by Airworthiness Directive (AD) 2006-
0066, issued on 24 March 2006 [which corresponds to FAA AD 2006-07-
13] as a precautionary measure, in order to verify the structural 
integrity of the rudder.
* * * * * * *
    The corrective actions include reporting both positive and 
negative findings to Airbus, doing a temporary repair, and 
contacting Airbus for repair and doing a permanent repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 500 flight cycles or 6 months after the effective 
date of this AD, whichever occurs first, perform a special detailed 
one-time inspection in the areas of rudder hoisting points and 
trailing edge screws, in accordance with the instructions given in 
Airbus Service Bulletin A310-55-2045 or A300-55-6044, both Revision 
01, both dated December 20, 2007, as applicable.
    (i) If no damage is found, within 30 days after the inspection 
or 30 days after the effective date of this AD, whichever occurs 
later, report to Airbus using Appendix 1 or 2, as applicable to the 
airplane configuration, of Airbus Service Bulletin A310-55-2045 or 
A300-55-6044, both Revision 01, as applicable.
    (ii) If any damage is found, within the timescale(s) indicated 
in Airbus Service Bulletin A310-55-2045 or A300-55-6044, both 
Revision 01, as applicable, report to Airbus using Appendix 1 or 2, 
as applicable to the airplane configuration, of Airbus Service 
Bulletin A310-55-2045 or A300-55-6044, both Revision 01, as 
applicable, to get further instructions for repair. Accomplish the 
repair within the timescale(s) indicated in, and in accordance with, 
the instructions given in paragraph 3.B.(1)(a) or 3.B.(2)(a), as 
applicable to the airplane configuration, of Airbus Service Bulletin 
A310-55-2045 or A300-55-6044, both Revision 01, as applicable.
    (2) Within 500 flight cycles or 6 months after the effective 
date of this AD, whichever occurs first, perform a special detailed 
inspection along the rudder Z-profile, in accordance with the 
instructions given in Airbus Service Bulletin A310-55-2044 or A300-
55-6043, both Revision 01, both dated December 3, 2007, as 
applicable. For airplanes identified as Configuration 01 in the 
service bulletins, repeat the inspection thereafter at intervals not 
to exceed 1,400 flight cycles. For airplanes identified as 
Configuration 02 in the service bulletins, repeat the inspection 
thereafter at intervals not to exceed 5,000 flight cycles. For 
temporary repair along the rudder Z-profile for both airplanes 
identified as Configurations 01 and 02, refer to paragraph 3.C.(1) 
of Airbus Service Bulletin A310-55-2044 or A300-55-6043, both 
Revision 01, as applicable.
    (i) If no damage is found, within 30 days after the inspection 
or 30 days after the effective date of this AD, whichever occurs 
later, report to AIRBUS using Appendix 1 or 2, as applicable to the 
airplane configuration, of Airbus Service Bulletin A310-55-2044 or 
A300-55-6043, both Revision 01, as applicable.
    (ii) If any damage is found, verify the findings and apply all 
applicable corrective actions within the timescale(s) indicated in, 
and in accordance with instructions given in paragraph 3.B.(1)(a) or 
3.B.(2)(a), as applicable to the airplane configuration, of Airbus 
Service Bulletin A310-55-2044 or A300-55-6043, both Revision 01, as 
applicable. Within 30 days after the inspection or corrective action 
or 30 days after the effective date of this AD, whichever occurs 
later, submit a report to Airbus using Appendix 1 or 2, as 
applicable to the airplane configuration, of Airbus Service Bulletin 
A310-55-2044 or A300-55-6043, both Revision 01, as applicable.

    Note 1: For rudder configuration identification, refer to 
Appendices 3 and 4 of Airbus Service Bulletin A310-55-2044, A310-55-
2045, A300-55-6043, and A300-55-6044, as applicable to the airplane 
model and configuration.

    (3) As of 30 days after the effective date of this AD: No person 
shall install a P/N A55471500 series rudder on any airplane as a 
replacement, unless it has been inspected and repaired, as 
applicable, in accordance with the instructions of Airbus Service 
Bulletins A310-55-2045, Revision 01, dated December 20, 2007, and 
A310-55-2044, Revision 01, dated December 3, 2007; or Airbus Service 
Bulletins A300-55-6044, Revision 01, dated December 20, 2007, and 
A300-55-6043, Revision 01, dated December 3, 2007; as applicable.
    (4) Actions accomplished before the effective date of this AD in 
accordance with Airbus Service Bulletin A300-55-6044 or A310-55-
2045, both dated July 23, 2007, are considered acceptable for 
compliance with the corresponding actions specified in paragraph 
(f)(1) of this AD.
    (5) Actions accomplished before the effective date of this AD in 
accordance with Airbus Service Bulletin A300-55-6043 or A310-55-
2044, both dated July 23, 2007, are considered acceptable for 
compliance with the corresponding actions specified in paragraph 
(f)(2) of this AD.

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, 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: Tom 
Stafford, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1622; 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

[[Page 29426]]

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 2007-0266, dated 
October 8, 2007, and the service bulletins listed in Table 1 of this 
AD, for related information.

                                      Table 1.--Airbus Service Information
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           Airbus service bulletin                Revision                            Date
----------------------------------------------------------------------------------------------------------------
A300-55-6043.................................              01  December 3, 2007.
A300-55-6044.................................              01  December 20, 2007.
A310-55-2044.................................              01  December 3, 2007.
A310-55-2045.................................              01  December 20, 2007.
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Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 of 
this AD 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

                                  Table 2.--Material Incorporated by Reference
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           Airbus service bulletin                Revision                            Date
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A300-55-6043, including Appendices 1 through               01  December 3, 2007.
 4.
A300-55-6044, including Appendices 1 through               01  December 20, 2007.
 4.
A310-55-2044, including Appendices 1 through               01  December 3, 2007.
 4.
A310-55-2045, including Appendices 1 through               01  December 20, 2007.
 4.
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    Issued in Renton, Washington, on May 6, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-10978 Filed 5-20-08; 8:45 am]
BILLING CODE 4910-13-P