Airworthiness Directives; Airbus Model A330-200 and -300 and A340-200 and -300 Series Airplanes, 59263-59266 [05-20064]
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Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations
Note: The placard information in this AD
is different from the information in the
applicable service bulletins. This AD takes
precedence over the service bulletins. You
should update your placards to reflect the
information presented in this AD.
May I Request an Alternative Method of
Compliance?
(f) You may request a different method of
compliance or a different compliance time
for this AD by following the procedures in 14
CFR 39.19. Unless FAA authorizes otherwise,
send your request to your principal
inspector. The principal inspector may add
comments and will send your request to the
Manager, Standards Office, Small Airplane
Directorate, FAA. For information on any
already approved alternative methods of
compliance, contact Gregory A. Davison,
Aerospace Engineer, FAA, Small Airplane
Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329–
4130; facsimile: (816) 329–4090.
Is There Other Information That Relates to
This Subject?
(g) German AD D–2003–231R3, dated
November 9, 2004, also addresses the subject
of this AD.
Does This AD Incorporate Any Material by
Reference?
(h) You must do the actions required by
this AD following the instructions in GROB
Service Bulletin No. MSB315–64/3, dated
September 14, 2004; Grob Service Bulletin
No. MSB315–65, dated September 15, 2003;
Grob Service Bulletin No. OSB 315–66, dated
October 16, 2003; and Work Instruction for
OSB 315–66, dated October 16, 2003.
(1) On August 12, 2004 (69 FR 34258, June
21, 2004), and in accordance with 5 U.S.C.
552(a) and 1 CFR part 51, the Director of the
Federal Register approved the incorporation
by reference of Grob Service Bulletin No.
MSB315–65, dated September 15, 2003; Grob
Service Bulletin No. OSB 315–66, dated
October 16, 2003; and Work Instruction for
OSB 315–66, dated October 16, 2003.
(2) As of November 30, 2005, and in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51, the Director of the Federal Register
approved the incorporation by reference of
GROB Service Bulletin No. MSB315–64/3,
dated September 14, 2004.
(3) To get a copy of this service
information, contact GROB Luft-und
Raumfahrt, Lettenbachstrasse 9, D–86874
Tussenhausen-Mattsies, Germany; telephone:
011 49 8268 998139; facsimile: 011 49 8268
998200; e-mail: productsupport@grobaerospace.de. To review copies of this
service information, go to the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html or call (202) 741–6030. To
view the AD docket, go to the Docket
Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW.,
Nassif Building, Room PL–401, Washington,
DC 20590–001 or on the Internet at https://
dms.dot.gov. The docket number is FAA–
VerDate Aug<31>2005
16:47 Oct 11, 2005
Jkt 208001
2005–20441; Directorate Identifier 2003–CE–
35–AD.
Issued in Kansas City, Missouri, on
September 28, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–19929 Filed 10–11–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20221; Directorate
Identifier 2004–NM–173–AD; Amendment
39–14329; AD 2005–20–32]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330–200 and –300 and A340–200 and
–300 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Model A330–200 and –300 and
A340–200 and –300 series airplanes.
This AD requires inspecting to
determine the part number and serial
number of the left- and right-hand
elevator assemblies, performing related
investigative and corrective actions if
necessary, and re-protecting the elevator
assembly. This AD results from reports
that areas on the top skin panel of the
right-hand elevator have disbonded due
to moisture penetration. We are issuing
this AD to prevent disbonding of the
elevator assembly, which could reduce
the structural integrity of the elevator
and result in reduced controllability of
the airplane.
DATES: This AD becomes effective
November 16, 2005.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of November 16, 2005.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, room PL–401,
Washington, DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Tim
Backman, Aerospace Engineer,
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59263
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2797;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Airbus Model A330, A340–
200, and A340–300 series airplanes.
That NPRM was published in the
Federal Register on February 1, 2005
(70 FR 5073). That NPRM proposed to
require inspecting to determine the part
number and serial number of the leftand right-hand elevator assemblies,
performing related investigative and
corrective actions if necessary, and reprotecting the elevator assembly.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Allow Records Check as a
Method of Compliance
One commenter believes that it is
unnecessary to inspect its fleet to
determine that none of the airplanes in
its fleet are subject to the proposed AD.
The commenter states that its airplanes
were delivered new from Airbus in July
2003, after Airbus had changed its
production processes to prevent
moisture penetration of the elevator.
The delivery records for these airplanes
show the part number and serial
number of the left- and right-hand
elevator assemblies. The commenter
notes that it has not replaced the
elevator assemblies on any airplane in
its fleet. Further, the Illustrated Parts
Catalog shows that the elevator
assemblies that would be affected by the
proposed AD cannot legally be installed
on the airplanes in its fleet. The
commenter asserts that its airplanes are
in compliance with the intent of the
proposed AD, and that it will be able to
ensure continuing compliance by
inspecting all incoming spare elevator
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Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations
assemblies and any elevators on
airplanes purchased from other
operators to ensure that the elevator
assemblies are not subject to the
proposed AD. The commenter states
that these measures will provide a level
of safety equivalent to the level that
would be provided by the proposed AD.
The airplane manufacturer also
comments that airplane records should
contain the part number and serial
number of each elevator assembly, even
in the event that the elevator assembly
has been replaced. The airplane
manufacturer states that a records check
would be better than an inspection for
determining the part number and serial
number of the elevator assemblies,
especially considering that very few
airplanes with the subject part number/
serial number combinations could be
registered in the U.S.
We infer that the first commenter’s
request is the same as the second
commenter’s—remove the requirement
to inspect the elevator assemblies to
determine the part number and serial
number, or allow a records check as a
method of compliance with this AD.
We concur with the commenters’
request to allow a records check as a
method of compliance with this AD. We
have revised paragraph (g) of this AD to
state that a review of maintenance
records is acceptable in lieu of an
inspection, provided that the part
number and serial number of the
elevator assemblies can be conclusively
determined from that review.
Request To Revise Compliance Times
One commenter, the airplane
manufacturer, requests that we revise
paragraph (g)(1) of the proposed AD to
remove the reference to ‘‘the date of
issuance of the original Airworthiness
Certificate or the date of issuance of the
original Export Certificate of
Airworthiness.’’ (This term was used in
lieu of the term ‘‘the first flight of the
´ ´
airplane,’’ which the Direction Generale
de l’Aviation Civile (DGAC) uses to
establish the compliance times specified
in French airworthiness directive F–
2004–118 R1, dated October 13, 2004.)
The commenter states that it does not
see any advantage in the FAA’s
terminology. The commenter states that
the reference for the service life of the
airplane is the first flight—the point at
which flight hours and flight cycles
begin to count. The commenter states
that the first flight of an airplane cannot
be ‘‘interpreted differently by different
operators’’ (as the FAA states under
‘‘Differences Among the Proposed AD,
the French Airworthiness Directive, and
the Service Information’’ in the
proposed AD). The commenter states
VerDate Aug<31>2005
16:47 Oct 11, 2005
Jkt 208001
that the date of the first flight is
recorded in the airplane’s logbook.
We agree with the commenter’s
request. We find that, for the airplane
models affected by this AD, operators
should be able to readily determine the
date of the first flight of the airplane. We
have revised paragraph (g)(1) of this AD
accordingly.
The same commenter also takes issue
with the grace period of 18 months after
the effective date of the AD, which is
specified in paragraph (g)(2) of the
proposed AD. The commenter states
that this date will be long after the
January 31, 2006, compliance date
specified in French airworthiness
directive F–2004–118 R1.
We do not concur. We would use a
calendar date to express a compliance
time only when engineering analysis
establishes a direct relationship between
the date and either the compliance
threshold or the grace period. In this
case, this relationship does not exist,
and we find that a grace period of 18
months after the effective date of this
AD represents an appropriate interval of
time for affected airplanes to continue to
operate without compromising safety.
Also, we note that the compliance time
of January 31, 2006, specified in French
airworthiness directive F–2004–118 R1
is approximately 18 months after the
effective date of the original issue of
French airworthiness directive F–2004–
118, July 31, 2004. Thus, the 18-month
grace period is consistent with the grace
period allowed by the DGAC in French
airworthiness directive F–2004–118 R1.
We have not changed the AD in this
regard.
Request To Refer to Service Bulletins
for Repair Instructions
One commenter, the airplane
manufacturer, notes that paragraph (f)(1)
of the proposed AD would require
repairs to be done in accordance with a
method approved by the FAA, the
´ ´
Direction Generale de l’Aviation Civile
(DGAC) (which is the airworthiness
authority for France), or the DGAC’s
delegated agent, where the service
bulletins specify to contact Airbus. The
commenter states that any repair
solution provided by Airbus would be
DGAC approved through Airbus’s
privileges as a Delegation Option
Authorization (DOA) organization. For
this reason, the commenter states that
the instructions specified in the service
bulletins should be followed.
We infer that the commenter is asking
that we remove paragraph (f)(1) from
this AD. We do not agree. We cannot
specify in an AD that operators may
contact the manufacturer for repair
instructions when the nature of that
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repair is unknown. Doing so would be
delegating our rulemaking authority to
the manufacturer. We acknowledge that
Airbus is able to approve repairs, as
allowed by Airbus’s delegation
authorization from the European
Aviation Safety Agency (EASA). We
find that requiring repair ‘‘according to
a method approved by the Manager,
International Branch, ANM–116,
Transport Airplane Directorate, FAA; or
´ ´
the Direction Generale de l’Aviation
Civile (or its delegated agent),’’ as
specified in paragraph (f)(1) of this AD,
meets the intent of the commenter’s
request (i.e., it allows repair in
accordance with a method approved by
Airbus), without compromising the
terms of our rulemaking authority. We
have not changed the AD in this regard.
Request To Require Reporting
One commenter, the airplane
manufacturer, notes that paragraph (f)(2)
of the proposed AD states that reporting
information to the manufacturer is not
required. The commenter requests that
we revise the proposed AD to require
inspection results be sent to Airbus. The
commenter states that receiving the
inspection results will allow it to gain
as much information from the field as
possible to allow continuous
improvement.
We do not concur with the
commenter’s request. The Office of
Management and Budget (OMB) must
approve information collection
requirements under the provisions of
the Paperwork Reduction Act (PRA) of
1980 (44 U.S.C. 3501 et seq.). The PRA
requires government agencies to
consider the extent of the paperwork
burden that will accompany any new
rule. The PRA is intended to reduce
these burdens by requiring agencies not
only to analyze the information
collection and reporting costs they are
imposing on the private sector, but to
use those analyses to minimize the cost.
We require operators to submit
information relevant to AD actions only
when our analyses indicate that such
information is needed to ensure safety
or to document compliance. We cannot
require operators to submit information
to improve processes. We have not
changed the AD in this regard.
Explanation of Change to Applicability
We have revised the applicability of
this AD to identify model designations
as published in the most recent type
certificate data sheet for the affected
models.
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Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations
Clarification of Alternative Method of
Compliance (AMOC) Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 20 airplanes of
U.S. registry. The inspection to
determine the part number and serial
number of installed elevator assemblies
takes about 1 work hour per airplane, at
an average labor rate of $65 per work
hour. Based on these figures, the
estimated cost of this AD for U.S.
operators is $1,300, or $65 per airplane.
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
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2005–20–32 Airbus: Amendment 39–14329.
Docket No. FAA–2005–20221;
Directorate Identifier 2004–NM–173–AD.
Effective Date
(a) This AD becomes effective November
16, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model
A330–201, –202, –203, –223, –243, –301,
–321, –322, –323, –341, –342, and –343
airplanes; and Model A340–211, –212, –213,
–311, –312, and –313 airplanes; certificated
in any category.
Unsafe Condition
(d) This AD was prompted by reports that
areas on the top skin panel of the right-hand
elevator have disbonded due to moisture
penetration. We are issuing this AD to
prevent disbonding of the elevator assembly,
which could reduce the structural integrity of
the elevator and result in reduced
controllability 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.
Service Bulletin References
(f) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of Airbus Service Bulletin A330–
55–3032 (for Model A330–201, –202, –203,
–223, –243, –301, –321, –322, –323, –341,
–342, and –343 airplanes) or Airbus Service
Bulletin A340–55–4029 (for Model A340–
211, –212, –213, –311, –312, and –313
airplanes), both dated December 22, 2003, as
applicable.
(1) Where the service bulletins recommend
contacting Airbus for appropriate action:
Before further flight, repair the condition
according to a method approved by the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA; or the
´ ´
Direction Generale de l’Aviation Civile (or its
delegated agent).
(2) Although the service bulletins specify
submitting certain information to the
manufacturer, this AD does not include that
requirement.
Determining Part Number, Serial Number
(g) At the later of the times specified in
paragraphs (g)(1) and (g)(2) of this AD:
Perform an inspection to determine the part
number and serial number of the left- and
right-hand elevator assemblies. A review of
airplane maintenance records is acceptable in
lieu of this inspection if the part number and
serial number of each elevator assembly can
be conclusively determined from that review.
If neither elevator assembly has a part
number and serial number combination
identified in Table 1 of this AD, no further
action is required by this paragraph. If either
elevator assembly has a part number and
serial number combination identified in
Table 1 of this AD, do paragraph (h) of this
AD.
(1) Within 10 years after the date of the
first flight of the airplane, or before the
accumulation of 12,000 total flight cycles,
whichever is first.
(2) Within 18 months after the effective
date of this AD.
TABLE 1.—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS
Part
Left-hand elevator assembly ..
VerDate Aug<31>2005
16:47 Oct 11, 2005
Affected part
numbers
F55280000000,
F55280000004
Jkt 208001
PO 00000
Affected serial numbers
CG1002 through CG1091 inclusive, CG1093, CG1094, CG2001.
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Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations
TABLE 1.—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS—Continued
Part
Right-hand elevator assembly
Affected part
numbers
F55280000001,
F55280000005
Inspections
(h) If the left- or right-hand elevator
assembly has a part number and serial
number combination identified in Table 1 of
this AD: Before further flight after
accomplishing paragraph (g) of this AD, do
the actions in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD, as applicable.
(1) Perform an endoscopic inspection to
detect damage (such as a scratch, disbonding,
or a tear), and a tap test and a thermographic
inspection to detect signs of moisture
penetration, to the upper and lower elevator
panels on both sides of the airplane, in
accordance with the service bulletin.
(2) If any damage is found, before further
flight, do all applicable corrective actions
(including but not limited to repeating the
thermographic inspection to determine the
size of the damaged area, and performing a
tap test around the areas where moisture is
indicated), in accordance with the service
bulletin.
(3) Re-protect the elevator assembly
(including performing a general visual
inspection to determine if the drainage holes
are clean, a general visual inspection to
determine the condition of the sealant
covering the static discharges contour, and
applicable corrective actions), in accordance
with the service bulletin.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Parts Installation
(i) As of the effective date of this AD, no
person may install, on any airplane, an
elevator assembly having a part number and
serial number combination identified in
Table 1 of this AD unless the actions required
by paragraph (h) of this AD are
accomplished.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, International Branch,
ANM–116, has the authority to approve
AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
VerDate Aug<31>2005
16:47 Oct 11, 2005
Affected serial numbers
Jkt 208001
CG1002 through CG1094 inclusive, CG2001.
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Related Information
(k) French airworthiness directive F–2004–
118 R1, dated October 13, 2004, also
addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus Service Bulletin
A330–55–3032, excluding Appendix 01,
dated December 22, 2003; or Airbus Service
Bulletin A340–55–4029, excluding Appendix
01, dated December 22, 2003; as applicable;
to perform the actions that are required by
this AD, unless the AD specifies otherwise.
The Director of the Federal Register approved
the incorporation by reference of these
documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact Airbus, 1
Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street SW., room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/federalregister/cfr/ibr-locations.html.
Issued in Renton, Washington, on
September 29, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–20064 Filed 10–11–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–238–AD; Amendment
39–14330; AD 2005–20–33]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727, 727C, 727–100, and 727–
100C Series Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD),
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applicable to certain Boeing Model 727,
727C, 727–100, and 727–100C series
airplanes. This AD requires repetitive
inspections of the frame inner chord,
outer chord, and web of the forward and
aft edge frames of the lower lobe
forward cargo door (FCD) cutout, and
corrective action if necessary. The
actions specified by this AD are
intended to detect and correct fatigue
cracking of the forward and aft edge
frames of the lower lobe FCD cutout,
which could result in the loss of the
FCD and rapid decompression of the
airplane. This action is intended to
address the identified unsafe condition.
Effective November 16, 2005.
The incorporation by reference of a
certain publication listed in the
regulations is approved by the Director
of the Federal Register as of November
16, 2005.
DATES:
The service information
referenced in this AD may be obtained
from Boeing Commercial Airplanes,
P.O. Box 3707, Seattle, Washington
98124–2207. This information may be
examined at the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton,
Washington.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Daniel F. Kutz, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6456; fax (425) 917–6590.
A
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an airworthiness directive (AD)
that is applicable to certain Boeing
Model 727, 727C, 727–100, and 727–
100C series airplanes was published as
a supplemental notice of proposed
rulemaking (NPRM) in the Federal
Register on August 22, 2005 (70 FR
48904). That action proposed to require
repetitive inspections of the frame inner
chord, outer chord, and web of the
forward and aft edge frames of the lower
lobe forward cargo door cutout, and
corrective action if necessary.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12OCR1.SGM
12OCR1
]]>Agencies
[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Rules and Regulations]
[Pages 59263-59266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20064]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20221; Directorate Identifier 2004-NM-173-AD;
Amendment 39-14329; AD 2005-20-32]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200 and -300 and
A340-200 and -300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A330-200 and -300 and A340-200 and -300 series airplanes.
This AD requires inspecting to determine the part number and serial
number of the left- and right-hand elevator assemblies, performing
related investigative and corrective actions if necessary, and re-
protecting the elevator assembly. This AD results from reports that
areas on the top skin panel of the right-hand elevator have disbonded
due to moisture penetration. We are issuing this AD to prevent
disbonding of the elevator assembly, which could reduce the structural
integrity of the elevator and result in reduced controllability of the
airplane.
DATES: This AD becomes effective November 16, 2005.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 16,
2005.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
room PL-401, Washington, DC.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2797; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Airbus Model A330,
A340-200, and A340-300 series airplanes. That NPRM was published in the
Federal Register on February 1, 2005 (70 FR 5073). That NPRM proposed
to require inspecting to determine the part number and serial number of
the left- and right-hand elevator assemblies, performing related
investigative and corrective actions if necessary, and re-protecting
the elevator assembly.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Allow Records Check as a Method of Compliance
One commenter believes that it is unnecessary to inspect its fleet
to determine that none of the airplanes in its fleet are subject to the
proposed AD. The commenter states that its airplanes were delivered new
from Airbus in July 2003, after Airbus had changed its production
processes to prevent moisture penetration of the elevator. The delivery
records for these airplanes show the part number and serial number of
the left- and right-hand elevator assemblies. The commenter notes that
it has not replaced the elevator assemblies on any airplane in its
fleet. Further, the Illustrated Parts Catalog shows that the elevator
assemblies that would be affected by the proposed AD cannot legally be
installed on the airplanes in its fleet. The commenter asserts that its
airplanes are in compliance with the intent of the proposed AD, and
that it will be able to ensure continuing compliance by inspecting all
incoming spare elevator
[[Page 59264]]
assemblies and any elevators on airplanes purchased from other
operators to ensure that the elevator assemblies are not subject to the
proposed AD. The commenter states that these measures will provide a
level of safety equivalent to the level that would be provided by the
proposed AD.
The airplane manufacturer also comments that airplane records
should contain the part number and serial number of each elevator
assembly, even in the event that the elevator assembly has been
replaced. The airplane manufacturer states that a records check would
be better than an inspection for determining the part number and serial
number of the elevator assemblies, especially considering that very few
airplanes with the subject part number/serial number combinations could
be registered in the U.S.
We infer that the first commenter's request is the same as the
second commenter's--remove the requirement to inspect the elevator
assemblies to determine the part number and serial number, or allow a
records check as a method of compliance with this AD.
We concur with the commenters' request to allow a records check as
a method of compliance with this AD. We have revised paragraph (g) of
this AD to state that a review of maintenance records is acceptable in
lieu of an inspection, provided that the part number and serial number
of the elevator assemblies can be conclusively determined from that
review.
Request To Revise Compliance Times
One commenter, the airplane manufacturer, requests that we revise
paragraph (g)(1) of the proposed AD to remove the reference to ``the
date of issuance of the original Airworthiness Certificate or the date
of issuance of the original Export Certificate of Airworthiness.''
(This term was used in lieu of the term ``the first flight of the
airplane,'' which the Direction G[eacute]n[eacute]rale de l'Aviation
Civile (DGAC) uses to establish the compliance times specified in
French airworthiness directive F-2004-118 R1, dated October 13, 2004.)
The commenter states that it does not see any advantage in the FAA's
terminology. The commenter states that the reference for the service
life of the airplane is the first flight--the point at which flight
hours and flight cycles begin to count. The commenter states that the
first flight of an airplane cannot be ``interpreted differently by
different operators'' (as the FAA states under ``Differences Among the
Proposed AD, the French Airworthiness Directive, and the Service
Information'' in the proposed AD). The commenter states that the date
of the first flight is recorded in the airplane's logbook.
We agree with the commenter's request. We find that, for the
airplane models affected by this AD, operators should be able to
readily determine the date of the first flight of the airplane. We have
revised paragraph (g)(1) of this AD accordingly.
The same commenter also takes issue with the grace period of 18
months after the effective date of the AD, which is specified in
paragraph (g)(2) of the proposed AD. The commenter states that this
date will be long after the January 31, 2006, compliance date specified
in French airworthiness directive F-2004-118 R1.
We do not concur. We would use a calendar date to express a
compliance time only when engineering analysis establishes a direct
relationship between the date and either the compliance threshold or
the grace period. In this case, this relationship does not exist, and
we find that a grace period of 18 months after the effective date of
this AD represents an appropriate interval of time for affected
airplanes to continue to operate without compromising safety. Also, we
note that the compliance time of January 31, 2006, specified in French
airworthiness directive F-2004-118 R1 is approximately 18 months after
the effective date of the original issue of French airworthiness
directive F-2004-118, July 31, 2004. Thus, the 18-month grace period is
consistent with the grace period allowed by the DGAC in French
airworthiness directive F-2004-118 R1. We have not changed the AD in
this regard.
Request To Refer to Service Bulletins for Repair Instructions
One commenter, the airplane manufacturer, notes that paragraph
(f)(1) of the proposed AD would require repairs to be done in
accordance with a method approved by the FAA, the Direction Generale de
l'Aviation Civile (DGAC) (which is the airworthiness authority for
France), or the DGAC's delegated agent, where the service bulletins
specify to contact Airbus. The commenter states that any repair
solution provided by Airbus would be DGAC approved through Airbus's
privileges as a Delegation Option Authorization (DOA) organization. For
this reason, the commenter states that the instructions specified in
the service bulletins should be followed.
We infer that the commenter is asking that we remove paragraph
(f)(1) from this AD. We do not agree. We cannot specify in an AD that
operators may contact the manufacturer for repair instructions when the
nature of that repair is unknown. Doing so would be delegating our
rulemaking authority to the manufacturer. We acknowledge that Airbus is
able to approve repairs, as allowed by Airbus's delegation
authorization from the European Aviation Safety Agency (EASA). We find
that requiring repair ``according to a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA; or
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its
delegated agent),'' as specified in paragraph (f)(1) of this AD, meets
the intent of the commenter's request (i.e., it allows repair in
accordance with a method approved by Airbus), without compromising the
terms of our rulemaking authority. We have not changed the AD in this
regard.
Request To Require Reporting
One commenter, the airplane manufacturer, notes that paragraph
(f)(2) of the proposed AD states that reporting information to the
manufacturer is not required. The commenter requests that we revise the
proposed AD to require inspection results be sent to Airbus. The
commenter states that receiving the inspection results will allow it to
gain as much information from the field as possible to allow continuous
improvement.
We do not concur with the commenter's request. The Office of
Management and Budget (OMB) must approve information collection
requirements under the provisions of the Paperwork Reduction Act (PRA)
of 1980 (44 U.S.C. 3501 et seq.). The PRA requires government agencies
to consider the extent of the paperwork burden that will accompany any
new rule. The PRA is intended to reduce these burdens by requiring
agencies not only to analyze the information collection and reporting
costs they are imposing on the private sector, but to use those
analyses to minimize the cost. We require operators to submit
information relevant to AD actions only when our analyses indicate that
such information is needed to ensure safety or to document compliance.
We cannot require operators to submit information to improve processes.
We have not changed the AD in this regard.
Explanation of Change to Applicability
We have revised the applicability of this AD to identify model
designations as published in the most recent type certificate data
sheet for the affected models.
[[Page 59265]]
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 20 airplanes of U.S. registry. The inspection
to determine the part number and serial number of installed elevator
assemblies takes about 1 work hour per airplane, at an average labor
rate of $65 per work hour. Based on these figures, the estimated cost
of this AD for U.S. operators is $1,300, or $65 per airplane.
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 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
adding the following new airworthiness directive (AD):
2005-20-32 Airbus: Amendment 39-14329. Docket No. FAA-2005-20221;
Directorate Identifier 2004-NM-173-AD.
Effective Date
(a) This AD becomes effective November 16, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes;
and Model A340-211, -212, -213, -311, -312, and -313 airplanes;
certificated in any category.
Unsafe Condition
(d) This AD was prompted by reports that areas on the top skin
panel of the right-hand elevator have disbonded due to moisture
penetration. We are issuing this AD to prevent disbonding of the
elevator assembly, which could reduce the structural integrity of
the elevator and result in reduced controllability 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.
Service Bulletin References
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Airbus Service Bulletin A330-55-3032
(for Model A330-201, -202, -203, -223, -243, -301, -321, -322, -323,
-341, -342, and -343 airplanes) or Airbus Service Bulletin A340-55-
4029 (for Model A340-211, -212, -213, -311, -312, and -313
airplanes), both dated December 22, 2003, as applicable.
(1) Where the service bulletins recommend contacting Airbus for
appropriate action: Before further flight, repair the condition
according to a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated
agent).
(2) Although the service bulletins specify submitting certain
information to the manufacturer, this AD does not include that
requirement.
Determining Part Number, Serial Number
(g) At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Perform an inspection to determine the part
number and serial number of the left- and right-hand elevator
assemblies. A review of airplane maintenance records is acceptable
in lieu of this inspection if the part number and serial number of
each elevator assembly can be conclusively determined from that
review. If neither elevator assembly has a part number and serial
number combination identified in Table 1 of this AD, no further
action is required by this paragraph. If either elevator assembly
has a part number and serial number combination identified in Table
1 of this AD, do paragraph (h) of this AD.
(1) Within 10 years after the date of the first flight of the
airplane, or before the accumulation of 12,000 total flight cycles,
whichever is first.
(2) Within 18 months after the effective date of this AD.
Table 1.--Affected Elevator Part Numbers and Serial Numbers
----------------------------------------------------------------------------------------------------------------
Affected part
Part numbers Affected serial numbers
----------------------------------------------------------------------------------------------------------------
Left-hand elevator assembly.................. F55280000000, CG1002 through CG1091 inclusive, CG1093,
F55280000004 CG1094, CG2001.
[[Page 59266]]
Right-hand elevator assembly................. F55280000001, CG1002 through CG1094 inclusive, CG2001.
F55280000005
----------------------------------------------------------------------------------------------------------------
Inspections
(h) If the left- or right-hand elevator assembly has a part
number and serial number combination identified in Table 1 of this
AD: Before further flight after accomplishing paragraph (g) of this
AD, do the actions in paragraphs (h)(1), (h)(2), and (h)(3) of this
AD, as applicable.
(1) Perform an endoscopic inspection to detect damage (such as a
scratch, disbonding, or a tear), and a tap test and a thermographic
inspection to detect signs of moisture penetration, to the upper and
lower elevator panels on both sides of the airplane, in accordance
with the service bulletin.
(2) If any damage is found, before further flight, do all
applicable corrective actions (including but not limited to
repeating the thermographic inspection to determine the size of the
damaged area, and performing a tap test around the areas where
moisture is indicated), in accordance with the service bulletin.
(3) Re-protect the elevator assembly (including performing a
general visual inspection to determine if the drainage holes are
clean, a general visual inspection to determine the condition of the
sealant covering the static discharges contour, and applicable
corrective actions), in accordance with the service bulletin.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Parts Installation
(i) As of the effective date of this AD, no person may install,
on any airplane, an elevator assembly having a part number and
serial number combination identified in Table 1 of this AD unless
the actions required by paragraph (h) of this AD are accomplished.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(k) French airworthiness directive F-2004-118 R1, dated October
13, 2004, also addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus Service Bulletin A330-55-3032, excluding
Appendix 01, dated December 22, 2003; or Airbus Service Bulletin
A340-55-4029, excluding Appendix 01, dated December 22, 2003; as
applicable; to perform the actions that are required by this AD,
unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of these documents
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France,
for a copy of this service information. You may review copies at the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street SW., room PL-401, Nassif Building, Washington, DC; on
the Internet at https://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 29, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-20064 Filed 10-11-05; 8:45 am]
BILLING CODE 4910-13-P
