AD 2012-06-22

[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Pages 19059-19061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-7374]



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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules 
and Regulations

[[Page 19059]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0297; Directorate Identifier 2011-NM-093-AD; 
Amendment 39-17003; AD 2012-06-22]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 all 
Airbus Model A340-500 and Model -600 series airplanes. This AD requires 
performing repetitive high frequency eddy current inspections of the 
external radius on upper horizontal cruciform fitting at frame (FR) 47 
on the left- and right-hand sides for cracks, and repairing the cracks 
if necessary. This AD was prompted by reports that during fatigue 
testing, damages occurred in the external radius on the upper 
horizontal cruciform fitting at FR47 on the left- and right-hand sides. 
We are issuing this AD to detect and correct fatigue cracking, which 
could adversely affect the structural integrity of the airplane.

DATES: This AD becomes effective April 16, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of the service information listed in the AD as of April 16, 
2012.
    We must receive comments on this AD by May 14, 2012.

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 W12-140, 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 <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 2011-0075, dated April 29, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During the A340-600 EF2 fatigue test, damages occurred in 
external radius on upper horizontal cruciform in rear corner at FR47 
respectively on Right-Hand-(RH) side and on Left-Hand-(LH) side. 
These damages were detected after tear down inspections using High 
Frequency Eddy Current method.
    This condition, if not corrected, could impair the structural 
integrity of the aeroplane.
    For the reasons described above, this [EASA] AD requires to 
perform repetitive Special Detailed Inspections for early detection 
of cracks on upper horizontal cruciform fitting at FR47 on LH and RH 
sides, and the accomplishment of corrective actions [repair], as 
applicable.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-57-5029, 
including Appendices 01 and 02, dated February 25, 2011.
    For the initial inspection, the compliance time ranges between 
4,450 total flight cycles or 35,600 total flight hours and 9,750 total 
flight cycles or 63,600 total flight hours, whichever occurs first, 
depending on airplane configuration. For the repetitive intervals, the 
compliance time ranges between 2,350 flight cycles or 19,000 flight 
hours, whichever occurs first; and 6,050 flight cycles or 46,200 flight 
hours, whichever occurs first, depending on airplane configuration.
    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.

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

[[Page 19060]]

data, views, or arguments about this AD. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2012-0297; Directorate Identifier 2011-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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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:

2012-06-22 Airbus: Amendment 39-17003. Docket No. FAA-2012-0297; 
Directorate Identifier 2011-NM-093-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 16, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A340-541 and -642 airplanes, 
certificated in any category, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that during fatigue testing, 
damages occurred in the external radius on the upper horizontal 
cruciform fitting at frame (FR) 47 on the left- and right-hand 
sides. We are issuing this AD to detect and correct fatigue 
cracking, which could adversely affect the structural integrity of 
the airplane.

(f) Compliance

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

(g) Inspection

    Before the accumulation of the applicable threshold specified in 
paragraph 1.E. Compliance, Table 2, of Airbus Mandatory Service 
Bulletin A340-57-5029, including Appendices 01 and 02, dated 
February 25, 2011, or within 90 days after the effective date of 
this AD, whichever occurs later: Do a high frequency eddy current 
inspection of the external radius on upper horizontal cruciform 
fitting at FR47 on the left- and right-hand sides for cracks, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A340-57-5029, including Appendices 01 and 02, dated 
February 25, 2011. Where the ``Threshold'' column of Table 2, 
specified in paragraph 1.E., ``Compliance,'' of Airbus Mandatory 
Service Bulletin A340-57-5029, including Appendices 01 and 02, dated 
February 25, 2011, specifies the compliance time as ``FC'' and 
``FH,'' this AD requires the compliance times as ``total flight 
cycles'' and ``total flight hours.'' The thresholds for airplane 
post-modification number 56558S19405 must be counted from the 
airplane's first flight and not from the accomplishment of Airbus 
Service Bulletin A340-57-5010.

(h) Repetitive Inspections

    Repeat the inspection required by paragraph (g) of this AD at 
intervals not to exceed the times specified in the ``Repetitive 
Interval'' column of Table 2, specified in paragraph 1.E. 
Compliance, of Airbus Mandatory Service Bulletin A340-57-5029, 
including Appendices 01 and 02, dated February 25, 2011. Where the 
``Repetitive Interval'' column of Table 2, specified in paragraph 
1.E. Compliance, of Airbus Mandatory Service Bulletin A340-57-5029, 
including Appendices 01 and 02, dated February 25, 2011, specifies 
the compliance times as ``FC'' and ``FH,'' this AD requires the 
compliance times as ``flight cycles'' and ``flight hours.''

(i) Corrective Action

    If any crack is found during the initial or repetitive 
inspections required by paragraphs (g) and (h) of this AD: Before 
further flight, contact the Manager, International Branch, ANM-116, 
FAA; or the European Aviation Safety Agency (EASA) (or its delegated 
agent); for repair instructions and do the repair.

(j) Reporting Requirement

    Submit a report of the findings (both positive and negative) of 
the inspections required by paragraphs (g) and (h) of this AD, in 
accordance with the Inspection Report of Airbus Mandatory Service 
Bulletin A340-57-5029, Appendix 01, dated February 25, 2011, at the 
applicable time specified in paragraph (j)(1) or (j)(2) of this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 90 days after the effective date of 
this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for inspections required by 
paragraph (g) of this AD, if those inspections were performed before 
the effective date of this AD using Airbus A340-500/-600 
Nondestructive Testing Manual Task 57-18-07, Revision 35, dated 
April 1, 2011. As of the effective date of this AD, inspections must 
be repeated in accordance with the requirements of paragraph (h) of 
this AD.

[[Page 19061]]

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 emailed to: <a href="/cdn-cgi/l/email-protection#f4cdd9b5bab9d9c5c5c2d9b5b9bbb7d9a6b1a5a1b1a7a0a7b4929595da939b82"><span class="__cf_email__" data-cfemail="cff6e28e8182e2fefef9e28e82808ce29d8a9e9a8a9c9b9c8fa9aeaee1a8a0b9">[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) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.
    (4) 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.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2011-0075, dated April 29, 2011; and 
Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 
01 and 02, dated February 25, 2011; for related information.

(n) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Airbus Mandatory Service Bulletin A340-57-5029, including 
Appendices 01 and 02, dated February 25, 2011.
    (2) For Airbus 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; email <a href="/cdn-cgi/l/email-protection#37565e45405845435f5e5952444419760404071a7604030777565e455542441954585a"><span class="__cf_email__" data-cfemail="0f6e667d78607d7b6766616a7c7c214e3c3c3f224e3c3b3f4f6e667d6d7a7c216c6062">[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 an NARA facility, 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 March 19, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-7374 Filed 3-29-12; 8:45 am]
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