AD 2009-11-12

[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35777-35780]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-17122]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1201; Directorate Identifier 2008-NM-007-AD; 
Amendment 39-15922; AD 2009-11-12]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Airbus Model A310 series airplanes. That 
AD currently requires repetitive inspections of the fuselage skin to 
detect corrosion or fatigue cracking around and under the chafing 
plates of the wing root; repetitive inspections for fatigue cracking of 
frame 39, stringer 35; and corrective actions if necessary. The 
existing AD also provides for an optional terminating action for 
certain repetitive inspections, except for certain areas where 
corrosion was detected and reworked. This new AD reduces the intervals 
for accomplishing repetitive inspections in a certain area. This AD 
results from mandatory continuing airworthiness information originated 
by an aviation authority of another country to identify and correct an 
unsafe condition on an aviation product. We are issuing this AD to 
detect and correct fatigue cracks and corrosion around and under the 
chafing plates of the wing root, which could result in reduced 
structural integrity of the airplane.

DATES: This AD becomes effective August 25, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 25, 
2009.
    The Director of the Federal Register previously approved the 
incorporation by reference of Airbus Service Bulletin A310-53-2070, 
dated October 3, 1994, on June 3, 1998 (63 FR 23377, April 29, 1998).

ADDRESSES: For service information identified in this AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; e-mail: <a href="/cdn-cgi/l/email-protection#b3d2d0d0dcc6ddc79dd2dac1c4dcc1c7db9ed6d2c0f3d2dac1d1c6c09dd0dcde"><span class="__cf_email__" data-cfemail="533230303c263d277d323a21243c21273b7e36322013323a213126207d303c3e">[email&#160;protected]</span></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.

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 Management Facility 
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 address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2004-14-06, amendment 
39-13715 (69 FR 41401, July 9, 2004). The existing AD applies to 
certain Airbus Model A310 series airplanes. That NPRM was published in 
the Federal Register on November 13, 2008 (73 FR 67110). That NPRM 
proposed to continue to require repetitive inspections of the fuselage 
skin to detect corrosion or fatigue cracking around and under the 
chafing plates of the wing root; repetitive inspections for fatigue 
cracking of frame 39, stringer 35; and corrective actions if necessary. 
That NPRM also proposed to continue to provide for an optional 
terminating action for certain repetitive inspections, except for 
certain areas where corrosion was detected and reworked. In addition, 
that NPRM proposed to reduce the intervals for accomplishing the 
repetitive inspections in a certain area.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
received on the NPRM. FedEx supports the NPRM.

Revisions to Paragraphs (f), (h), (i), and (j) of This AD

    We have revised paragraph (h) of this AD to give credit for actions 
done in accordance with Airbus Service Bulletin A310-53-2070, Revision 
1, dated September 23, 1996. We also added Airbus Service Bulletin 
A310-53-2069, Revision 06, dated May 22, 2007, as an acceptable source 
of service information for compliance with the requirements of 
paragraphs (f) and (i) of this AD. We have also revised paragraph (j) 
of this AD to include a new Table 1 to specify the number, revision, 
and date of each service bulletin for which no reporting is required.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    This AD affects about 69 Model A310 series airplanes of U.S. 
registry. The actions that are required by AD 2004-14-06 and retained 
in this AD take about 68 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $375,360, or $5,440 per airplane, 
per inspection cycle.

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 have determined that this AD will not have federalism 
implications under

[[Page 35778]]

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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13715 (69 FR 41401, July 9, 2004) and by adding 
the following new airworthiness directive (AD):

2009-11-12 Airbus: Amendment 39-15922. Docket No. FAA-2008-1201; 
Directorate Identifier 2008-NM-007-AD.

Effective Date

    (a) This AD becomes effective August 25, 2009.

Affected ADs

    (b) This AD supersedes AD 2004-14-06.

Applicability

    (c) This AD applies to Airbus Model A310 series airplanes, 
certificated in any category, on which Airbus Modifications 8888 and 
8889 have not been accomplished.

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information originated by an aviation authority of another country 
to identify and correct an unsafe condition on an aviation product. 
We are issuing this AD to detect and correct fatigue cracks and 
corrosion around and under the chafing plates of the wing root, 
which could result in reduced structural integrity of the airplane.

Compliance

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

Requirements of AD 2004-14-06

Repetitive Inspections and Corrective Actions

    (f) Except as provided by paragraphs (g), (k), and (l) of this 
AD: Within 4 years since date of manufacture, or within 12 months 
after June 3, 1998 (the effective date of AD 98-09-20, amendment 39-
10501), whichever occurs later, perform an inspection to detect 
discrepancies around and under the chafing plates of the wing root, 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-53-2069, Revision 06, dated May 22, 2007; Revision 05, 
dated November 12, 2002; Revision 04, dated November 8, 2000; 
Revision 03, dated October 28, 1997; Revision 2, dated September 23, 
1996; or Revision 1, dated September 19, 1995. If any discrepancy is 
found, prior to further flight, accomplish follow-on corrective 
actions (i.e., removal of corrosion, corrosion protection, high 
frequency eddy current inspection, x-ray inspection), as applicable, 
in accordance with the applicable service bulletin. Repeat the 
inspections thereafter at the intervals specified in the applicable 
service bulletin. After August 13, 2004 (the effective date of AD 
2004-14-06), repeat the inspections thereafter at the intervals 
specified in Airbus Service Bulletin A310-53-2069, Revision 04, 
dated November 8, 2000; Airbus Service Bulletin A310-53-2069, 
Revision 05, dated November 12, 2002; or Airbus Service Bulletin 
A310-53-2069, Revision 06, dated May 22, 2007.
    (g) If any discrepancy is found during any inspection required 
by paragraph (f) of this AD, and Airbus Service Bulletin A310-53-
2069, Revision 06, dated May 22, 2007; Revision 05, dated November 
12, 2002; Revision 04, dated November 8, 2000; Revision 03, dated 
October 28, 1997; Revision 2, dated September 23, 1996; or Revision 
1, dated September 19, 1995; as applicable; specifies to contact 
Airbus for appropriate action: Prior to further flight, repair in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate. Where 
differences in the compliance times or corrective actions exist 
between the service bulletin and this AD, the AD prevails.

Optional Terminating Action

    (h) Except as provided by paragraph (i) of this AD: 
Accomplishment of the replacement of the stainless steel chafing 
plates with new chafing plates made of aluminum alloy, in accordance 
with Airbus Service Bulletin A310-53-2070, Revision 02, dated 
November 8, 2000; or the original issue, dated October 3, 1994; 
constitutes terminating action for the repetitive inspections 
required by paragraph (f) of this AD. Actions done in accordance 
with Airbus Service Bulletin A310-53-2070, Revision 1, dated 
September 23, 1996, are acceptable for compliance with actions 
required by this AD.

Continuation of Repetitive Inspections

    (i) Except as provided by paragraphs (k) and (l) of this AD: 
Within 30 days after August 13, 2004, do a review of the airplane 
maintenance records to determine if any corrosion was detected and 
reworked on the left and/or right side of frame 39, stringer 35, 
during the accomplishment of any corrective action or repair 
specified in paragraphs (f) or (g) of this AD. If any corrective 
action or repair has been accomplished in this area, perform an 
inspection for fatigue cracking of frame 39, stringer 35, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-53-2069, Revision 06, dated May 22, 2007; Revision 05, 
dated November 12, 2002; or Revision 04, dated November 8, 2000. Do 
the initial inspection at the threshold specified in Figure 1 of the 
service bulletin, or within 30 days after August 13, 2004, whichever 
is later. Repeat the inspection thereafter at the intervals 
specified in Figure 1 of the service bulletin. If any discrepancy is 
found, prior to further flight, accomplish the applicable follow-on 
corrective actions, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A310-53-2069, Revision 06, 
dated May 22, 2007; Revision 05, dated November 12, 2002; or 
Revision 04, dated November 8, 2000.

Submission of Information Not Required

    (j) Although the service bulletins specified in Table 1 of this 
AD specify to submit information to the manufacturer, this AD does 
not include such a requirement.

                          Table 1--No Reporting Requirement for These Service Bulletins
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      Airbus Service Bulletin--                   Revision--                              Dated--
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A310-53-2069........................  1.................................  September 19, 1995.
A310-53-2069........................  2.................................  September 23, 1996.
A310-53-2069........................  03................................  October 28, 1997.
A310-53-2069........................  04................................  November 8, 2000.
A310-53-2069........................  05................................  November 12, 2002.

[[Page 35779]]

 
A310-53-2069........................  06................................  May 22, 2007.
A310-53-2070........................  Original..........................  October 3, 1994.
A310-53-2070........................  1.................................  September 23, 1996.
A310-53-2070........................  02................................  November 8, 2000.
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New Actions Required by This AD

New Service Bulletin Revision

    (k) As of the effective date of this AD, use only the 
Accomplishment Instructions of Airbus Service Bulletin A310-53-2069, 
Revision 06, dated May 22, 2007, to do the inspections and 
corrective actions required by paragraphs (f) and (i) of this AD.

Repetitive Inspections at Frame 39, Stringer 35 at Reduced 
Intervals

    (l) As of the effective date of this AD, if any corrosion is 
found at frame 39, stringer 35, during any inspection required by 
this AD, do the repetitive inspections required by paragraphs (f) 
and (i) of this AD, as applicable, at the earlier of the times 
specified in paragraphs (l)(1) and (l)(2) of this AD. Repeat the 
inspections thereafter at intervals specified in Figure 1, Sheets 4 
and 5, of Airbus Service Bulletin A310-53-2069, Revision 06, dated 
May 22, 2007, except as provided by paragraph (m) of this AD.
    (1) At the next specified repeat interval specified in paragraph 
(f) of this AD.
    (2) At the later of the times specified in paragraphs (l)(2)(i) 
and (l)(2)(ii) of this AD, except as provided by paragraph (m) of 
this AD.
    (i) At the applicable threshold specified in Figure 1, Sheets 4 
and 5, of Airbus Service Bulletin A310-53-2069, Revision 06, dated 
May 22, 2007.
    (ii) Within 900 flight cycles or 1,800 flight hours after the 
effective date of this AD, whichever occurs first.
    (m) Where Figure 1, Sheets 4 and 5, of Airbus Service Bulletin 
A310-53-2069, Revision 06, dated May 22, 2007, specifies to contact 
Airbus, do the inspections at threshold and repeat intervals 
approved by either the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (n) 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.

Related Information

    (o) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2007-0292, dated November 27, 2007, also addresses the 
subject of this AD.

Material Incorporated by Reference

    (p) You must use Airbus Service Bulletin A310-53-2069, Revision 
06, dated May 22, 2007, as applicable, to do the actions required by 
this AD, unless the AD specifies otherwise. If you accomplish the 
optional terminating action specified in this AD, you must use the 
service bulletins specified in Table 2 of this AD, as applicable, 
unless the AD specifies otherwise.

              Table 2--Material Incorporated by Reference for Optional Actions Specified in This AD
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      Airbus Service Bulletin--                   Revision--                              Dated--
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A310-53-2070........................  02................................  November 8, 2000.
A310-53-2070........................  Original..........................  October 3, 1994.
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    Airbus Service Bulletin A310-53-2070, Revision 02, dated 
November 8, 2000, contains the following effective pages:

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                               Revision level
          Page No.             shown on page       Date shown on page
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1-13, 15-16, 21-22..........  02.............  November 8, 2000.
14, 17-18...................  1..............  September 23, 1996.
19-20.......................  Original.......  October 3, 1994.
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    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information contained in 
Table 3 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 3--New Material Incorporated by Reference
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      Airbus Service Bulletin--                   Revision--                              Dated--
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A310-53-2069........................  06................................  May 22, 2007.
A310-53-2070........................  02................................  November 8, 2000.
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     (2) The Director of the Federal Register previously approved 
the incorporation by reference of Airbus Service Bulletin A310-53-
2070, dated October 3, 1994, on June 3, 1998 (63 FR 23377, April 29, 
1998).
    (3) For service information identified in this AD, contact 
Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice

[[Page 35780]]

Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; e-mail: <a href="/cdn-cgi/l/email-protection#8aebe9e9e5ffe4fea4ebe3f8fde5f8fee2a7efebf9caebe3f8e8fff9a4e9e5e7"><span class="__cf_email__" data-cfemail="274644444852495309464e55504855534f0a42465467464e554552540944484a">[email&#160;protected]</span></a>; 
Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) 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 425-227-1221 or 425-227-1152.
    (5) 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 202-741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-17122 Filed 7-20-09; 8:45 am]
BILLING CODE 4910-13-P