AD 2011-09-13

[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24351-24353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-9921]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0383; Directorate Identifier 2010-NM-093-AD; 
Amendment 39-16675; AD 2011-09-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-200 and -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:

    Further to accomplishment of A340 ALI tasks 545104, which 
require a rototest inspection as per Non Destructive Testing Manual 
(NTM) 54-51-04 of engine pylon pyramid attachment areas at aft end 
of lower arms between Rib 1 and Rib 2 (2 fastener locations/pylon), 
four findings have been reported and repaired.
* * * * *
The unsafe condition is cracking, which might impact the structural 
integrity of the airplane. This AD requires actions that are intended 
to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective May 17, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 17, 2011.
    We must receive comments on this AD by June 16, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <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 contains this 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: 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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0140, dated July 28, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Further to accomplishment of A340 ALI tasks 545104, which 
require a rototest inspection as per Non Destructive Testing Manual 
(NTM) 54-51-04 of engine pylon pyramid attachment areas at aft end 
of lower arms between Rib 1 and Rib 2 (2 fastener locations/pylon), 
four findings have been reported and repaired.
    Further investigations made on performances of High Frequency 
Eddy Current (HFEC) inspection techniques in steel led to the 
conclusion that existing NTM procedure 54-51-04 by rototest is not 
reliable because this method is not adapted to the ferromagnetic 
materials and therefore findings reported up to now using this 
procedure can be considered as uncertain.
    Therefore, a new inspection procedure using Ultra Sonic (US) 
testing without fastener removal has been developed.
    In order to comply with certification requirements, this 
Airworthiness Directive (AD) requires performing the new 
[repetitive] US inspection [for cracking] on all A340-200/-300 pre-
modification 49203 (reinforcements of pylon primary structure for 
enhanced A340).


[[Page 24352]]


The unsafe condition is cracking, which might impact the structural 
integrity of the airplane. The required actions include repairing any 
cracks found. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-54-4010, 
including Appendices 1, 2, and 3, dated July 21, 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-2011-0383; Directorate 
Identifier 2010-NM-093-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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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

    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:

2011-09-13 Airbus: Amendment 39-16675. Docket No. FAA-2011-0383; 
Directorate Identifier 2010-NM-093-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 17, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -213, -311, 
-312, and -313 airplanes; certificated in any category; all serial 
numbers except those on which Airbus Modification 49203 has been 
incorporated in production.

Subject

    (d) Air Transport Association (ATA) of America Code 54: 
Nacelles/Pylons.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Further to accomplishment of A340 ALI tasks 545104, which 
require a rototest inspection as per Non Destructive Testing Manual 
(NTM) 54-51-04 of engine pylon pyramid attachment areas at aft end 
of lower arms between Rib 1 and Rib 2 (2 fastener locations/pylon), 
four findings have been reported and repaired.
* * * * *
The unsafe condition is cracking, which might impact the structural 
integrity 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.

[[Page 24353]]

Ultrasonic Inspection

    (g) At the later of the compliance times specified in paragraphs 
(g)(1) and (g)(2) of this AD, except as provided by paragraph (h) of 
this AD: Perform an ultrasonic inspection of pylon pyramid 
attachment areas at the aft end of the lower arms between Rib 1 and 
Rib 2 without fastener removal (2 fastener locations per pylon), in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A340-54-4010, dated July 21, 2008.
    (1) Before the accumulation of the applicable total flight 
cycles or total flight hours, whichever occurs first, specified in 
table 1 of this AD.
    (2) Within 90 days after the effective date of this AD.

              Table 1--Initial Inspection Compliance Times
------------------------------------------------------------------------
                                                   Total        Total
                Weight variant                     flight       flight
                                                   cycles       hours
------------------------------------------------------------------------
000 through 004...............................       13,000       60,000
020, 021, 023 through 026, 028 through 030,          11,470       77,400
 Pre 49203....................................
027...........................................       11,000       30,000
------------------------------------------------------------------------

    (h) For airplanes belonging to weight variant 000 through 004 
inspected before the effective date of this AD in accordance with 
Airworthiness Limitations Items (ALI) Task 545104-01-01, as 
described in Airbus A340 Airworthiness Limitations Items Document 
Ref: AI/SE-M4/95A.0051/97, Issue 10, dated February 1, 2007: Perform 
the inspection required in paragraph (g) of this AD at the 
compliance times specified in paragraphs (h)(1) and (h)(2) of this 
AD, whichever occurs later.
    (1) Within 90 days after the effective date of this AD.
    (2) Within 2,680 flight cycles or 19,200 flight hours, whichever 
occurs first, after the most recent rototest inspection done in 
accordance with ALI task 545104-01-01, but not to exceed the 
accumulation of 15,280 total flight cycles or 76,400 total flight 
hours, whichever occurs first.
    (i) If no cracking is detected during any inspection required by 
paragraph (g) of this AD: Repeat the inspection required in 
paragraph (g) of this AD thereafter at intervals not to exceed the 
earlier of the applicable flight cycles or flight hours interval 
specified in table 2 of this AD.

                 Table 2--Repetitive Inspection Interval
------------------------------------------------------------------------
                                                   Flight       Flight
                Weight variant                     cycles       hours
------------------------------------------------------------------------
000 through 004...............................        1,900        9,500
020, 021, 023 through 026, 028 through 030,           1,700        8,500
 Pre 49203....................................
027...........................................        1,700        8,500
------------------------------------------------------------------------

    (j) If any crack is detected during any inspection required by 
this AD: Before further flight, repair the cracking using a method 
approved by either the Manager, International Branch, ANM 116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent).

FAA AD Differences

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

Other FAA AD Provisions

    (k) 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it 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. 
Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#e6dfcba7a8abcbd7d7d0cba7aba9a5cbb4a3b7b3a3b5b2b5a6808787c8818990"><span class="__cf_email__" data-cfemail="8eb7a3cfc0c3a3bfbfb8a3cfc3c1cda3dccbdfdbcbdddaddcee8efefa0e9e1f8">[email&#160;protected]</span></a>. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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) Special Flight Permits: Special flight permits, as described 
in Section 21.197 and Section 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199), are not allowed if any crack 
is detected during any inspection required by this AD.

Related Information

    (l) Refer to MCAI EASA Airworthiness Directive 2008-0140, dated 
July 28, 2008; and Airbus Mandatory Service Bulletin A340-54-4010, 
dated July 21, 2008; for related information.

Material Incorporated by Reference

    (m) You must use Airbus Mandatory Service Bulletin A340-54-4010, 
including Appendices 1, 2, and 3, dated July 21, 2008, 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: <a href="/cdn-cgi/l/email-protection#ee8f879c99819c9a8687808b9d9dc0afdddddec3afdddadeae8f879c8c9b9dc08d8183"><span class="__cf_email__" data-cfemail="60010912170f121408090e0513134e215353504d21535450200109120215134e030f0d">[email&#160;protected]</span></a>; 
Internet: <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (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 425-227-1221.
    (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 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 April 15, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-9921 Filed 4-29-11; 8:45 am]
BILLING CODE 4910-13-P