Airworthiness Directives; Airbus Model A330 Airplanes and A340-200 and -300 Series Airplanes, 55108-55111 [E7-19258]

Download as PDF 55108 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules Ad hoc Disaster Payments Historically, FSA has followed the determinations made by RMA for insured crops with respect to a given lease in that some disaster payments are simply an additional payment made by using FSA or CCC funds to simply supplement an indemnity payment made under an RMA policy. In those instances, FSA does not review the lease but simply issues a payment using a uniform percentage factor that is applied to the indemnity received by a person. For noninsured crops, FSA has followed the determinations made for NAP with regard to determining whether the tenant or owner shared in the risk of producing the crop. Marketing Assistance Loans (MLA) and Loan Deficiency Payments (LDP) These CCC benefits are available only in the event that a crop is produced on a farm. In order to determine to whom such benefits may be made available, FSA makes a determination of whether a person has ‘‘beneficial interest’’ in the production. Regulations in 7 CFR 1421.6 and 1427.5, All Eligible Commodities Except Upland Cotton, and Upland Cotton, respectively, define beneficial interest as a determination by CCC that a person has the requisite title to and control of the commodity tendered to CCC as collateral for a marketing assistance loan or used to determine a loan deficiency payment. In order to have beneficial interest, a person must be the producer of the commodity and have had ownership and control of the commodity at the time it was planted through the earlier of the date the loan was repaid or the maturity date of the loan. In making this determination of beneficial interest, FSA takes the terms of a lease into account. Generally, the analysis of the lease for these purposes is the same as that used for DCP payments. pwalker on PROD1PC71 with PROPOSALS Cash-Rent Tenant Rule The ‘‘cash-rent tenant rule’’ is a current payment eligibility provision applicable to payments under multiple programs. It applies to any producer that rents land from another for cash or a crop share guaranteed as to the amount of the commodity to be paid in rent. If a producer is considered a cashrent tenant under this rule, the producer is subject to an additional requirement that may make the producer ineligible for payment even though the producer otherwise meets the requirements to be considered ‘‘actively engaged in farming.’’ VerDate Aug<31>2005 17:39 Sep 27, 2007 Jkt 211001 Impact on Small and Beginning Producers 12866 and has been reviewed by the Office of Management and Budget. Renting land under a flexible lease may be advantageous for a small or beginning producer because risks are shared with the owner. Changes to policies related to leases need to ensure that small or beginning producers may benefit from flexible terms and receive all of the direct and counter-cyclical payments on a farm for which they would otherwise be eligible. Thomas B. Hofeller, Executive Vice President, Commodity Credit Corporation Administrator, Farm Service Agency. Eldon Gould, Administrator, Risk Management Agency Manager, Federal Crop Insurance Corporation. [FR Doc. 07–4755 Filed 9–27–07; 8:45 am] BILLING CODE 3410–05–P Request for Comments FSA and RMA are reviewing current regulations to determine the feasibility of developing a standardized regulation for defining cash and share lease agreements, including the conditions upon which a lease shall be considered a cash or share lease. Accordingly, FSA and RMA are soliciting comments with respect to the manner in which lease agreements are viewed by the Department of Agriculture in the administration of various programs. Specifically, we request comments that would facilitate the implementation of terms and conditions that treat a lease in the same, to the maximum extent possible, and still are consistent with FSA and RMA program requirements. Comments should address the following questions: 1. Should combination or flex leases be treated in the same manner for all FSA/CCC and RMA/FCIC purposes? Explain. 2. What adverse consequences or inequities result from treating combination or flex leases as share leases for FSA/CCC program purposes? 3. What adverse consequences or inequities result from treating combination or flex leases as either cash or share leases, depending on the terms, for RMA/FCIC purposes? 4. How can FSA/CCC ensure that combination or flex lease provisions are not being used to circumvent payment limitation provisions? 5. What measures should FSA/CCC take to protect the interests of tenants and sharecroppers? 6. What should the rule for treatment of combination and flex leases be? Executive Order 12866 This advance notice of proposed rulemaking has been determined to be not significant under Executive Order PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–29334; Directorate Identifier 2006–NM–268–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A330 Airplanes and A340–200 and –300 Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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: All permanent fuselage skin * * * and lap joint doubler * * * repair principles published in the SRM (Structural Repair Manual) * * * have been replaced with Oct/ 05 Revision by updated, simplified and harmonized repair principles. These updates led to the de-validation of some repairs and to reassess the repair inspection requirements. This situation if not corrected, can affect the aircraft structural integrity with a possible risk of decompression. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by October 29, 2007. ADDRESSES: You may send comments by any of the following methods: • DOT Docket Web Site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– E:\FR\FM\28SEP1.SGM 28SEP1 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules 30, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at http://dms.dot.gov; 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 proposed 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: Tim Backman, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2797; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: pwalker on PROD1PC71 with PROPOSALS Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2007–29334; Directorate Identifier 2006–NM–268–AD’’ at the beginning of VerDate Aug<31>2005 17:39 Sep 27, 2007 Jkt 211001 your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directives 2006–0332 and 2006–0333, both dated October 27, 2006 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: A review of the repair substantiations of the SRM (Structural Repair Manual) has been done to take into account the latest aircraft operational data (Aircraft Weight Variant and Fatigue Flight Mission Profiles). As a result, all permanent fuselage skin (Figure 202–210/ 213–214) and lap joint doubler (Figure 215– 216) repair principles published in the SRM chapter 53–00–11, Page Block 201 have been replaced with Oct/05 Revision by updated, simplified and harmonized repair principles. These updates led to the de-validation of some repairs and to reassess the repair inspection requirements. This situation if not corrected, can affect the aircraft structural integrity with a possible risk of decompression. In order to maintain the structural integrity, this Airworthiness Directive (AD) renders mandatory the inspection of the fuselage to identify possible permanent skin repairs and permanent longitudinal lap joint repairs and to apply the associated corrective actions. The corrective actions include contacting Airbus for repair/inspection instructions, and repair, as applicable, for skin repairs or longitudinal lap joint repairs that were done in accordance with the repair principles in SRM chapter 53–00–11, Page Block 201, before October 2005, or repairs that were done without using an individual repair design approval sheet provided by Airbus. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued Service Bulletins A330–53–3161, dated April 14, 2006; A330–53–3162, dated April 6, 2006; and Service Bulletins A340–53–4166 and A340–53–4167, both dated April 6, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 55109 2006. 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 Proposed 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 proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed 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 proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 9 products of U.S. registry. We also estimate that it would take about 9 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $6,480, or $720 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with E:\FR\FM\28SEP1.SGM 28SEP1 55110 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation: 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 proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] pwalker on PROD1PC71 with PROPOSALS 2. The FAA amends § 39.13 by adding the following new AD: Airbus: Docket No. FAA–2007–29334; Directorate Identifier 2006–NM–268–AD. Comments Due Date (a) We must receive comments by October 29, 2007. Affected ADs (b) None. VerDate Aug<31>2005 17:39 Sep 27, 2007 Jkt 211001 Applicability (c) This AD applies to Airbus Model A330– 201, –202, –203, –223, –243, –301, –321, –322, –323, –341, –342, and –343 airplanes; and Model A340–200 and –300 series airplanes; all certified models, all serial numbers; certificated in any category; except those on which Airbus Modification 49144 (install rudder fly by wire) has been embodied in production. Subject (d) Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: A review of the repair substantiations of the SRM (Structural Repair Manual) has been done to take into account the latest aircraft operational data (Aircraft Weight Variant and Fatigue Flight Mission Profiles). As a result, all permanent fuselage skin (Figure 202–210/ 213–214) and lap joint doubler (Figure 215– 216) repair principles published in the SRM chapter 53–00–11, Page Block 201 have been replaced with Oct/05 Revision by updated, simplified and harmonized repair principles. These updates led to the de-validation of some repairs and to reassess the repair inspection requirements. This situation if not corrected, can affect the aircraft structural integrity with a possible risk of decompression. In order to maintain the structural integrity, this Airworthiness Directive (AD) renders mandatory the inspection of the fuselage to identify possible permanent skin repairs and permanent longitudinal lap joint repairs and to apply the associated corrective actions. The corrective actions include contacting Airbus for repair/inspection instructions, and repair, as applicable, for skin repairs or longitudinal lap joint repairs that were done in accordance with the repair principles in SRM chapter 53–00–11, Page Block 201, before October 2005, or repairs that were done without using an individual repair design approval sheet provided by Airbus. Actions and Compliance (f) Within 18 months after the effective date of this AD, unless already done, do the following actions. (1) For airplanes with Weight Variant (WV) greater than WV 004 and lower than or equal to WV 027 (for Model A330 airplanes) or WV 029 (for Model A340–200 and –300 series airplanes): Do the actions specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. (i) Perform a detailed visual inspection of the fuselage outer skin for permanent skin repairs in the area between frame (FR) 54 and FR 58; and for permanent longitudinal lap joint repairs in the area between FR 53.3 and FR 58 (for Section 15, between FR 53.3 and FR 54, only in the area between stringer (STGR) 22LH (left-hand) and STGR 22RH (right-hand) upper shell); and as applicable, apply the corrective actions before further flight. Perform the actions in accordance with the instructions given in Airbus Service Bulletin A330–53–3161, dated April 14, 2006; or A340–53–4166, dated April 6, 2006; as applicable. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 (ii) Perform a detailed visual inspection of the fuselage outer skin for permanent skin repairs in the area between FR 18 and FR 38, and between FR 58 and FR 91; and for permanent longitudinal lap joint repairs in the area between FR 18 and FR 53.3, and between FR 58 and FR 91 (for Section 15, between FR 39 and FR 53.3, only in the area between STGR 22LH (left-hand) and STGR 22RH (right-hand) upper shell); and as applicable, apply the corrective actions before further flight. Perform the actions in accordance with the instructions given in Airbus Service Bulletin A330–53–3162 or A340–53–4167, both dated April 6, 2006, as applicable. (2) For airplanes with WV lower than or equal to WV 004: Perform a detailed visual inspection of the fuselage outer skin for permanent skin repairs in the area between FR 18 and FR 38, and between FR 54 and FR 91; and for permanent longitudinal lap joint repairs in the area between FR 18 and FR 91 (for Section 15, between FR 39 and FR 54, only in the area between STGR 22LH and STGR 22RH upper shell); and as applicable, apply the corrective actions before further flight. Perform the actions in accordance with the instructions given in Airbus Service Bulletin A330–53–3162 or A340–53–4167, both dated April 6, 2006, as applicable. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tim Backman, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2797; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI EASA Airworthiness Directives 2006–0332 and 2006–0333, both E:\FR\FM\28SEP1.SGM 28SEP1 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules dated October 27, 2006; and Airbus Service Bulletins A330–53–3161, dated April 14, 2006; A330–53–3162, dated April 6, 2006; and A340–53–4166 and A340–53–4167, both dated April 6, 2006; for related information. Issued in Renton, Washington, on September 21, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–19258 Filed 9–27–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–29335; Directorate Identifier 2007–NM–045–AD] RIN 2120–AA64 Airworthiness Directives; McDonnell Douglas Model DC–9–81 (MD–81), DC– 9–82 (MD–82), DC–9–83 (MD–83), DC– 9–87 (MD–87), and MD–88 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). pwalker on PROD1PC71 with PROPOSALS AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), DC–9–87 (MD–87), and MD– 88 airplanes. This proposed AD would require repetitive inspections for cracking of the overwing frames from stations 845 to 905 (MD–87 stations 731 to 791), left and right sides, and corrective actions if necessary. This proposed AD results from reports of cracked overwing frames. We are proposing this AD to detect and correct such cracking, which could sever the frame, increase the loading of adjacent frames, and result in damage to adjacent structure and loss of overall structural integrity of the airplane. DATES: We must receive comments on this proposed AD by November 13, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: U.S. Department of Transportation, Docket Operations, M– VerDate Aug<31>2005 17:39 Sep 27, 2007 Jkt 211001 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Fax: (202) 493–2251. • Hand Delivery: Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024), for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone (562) 627–5233; fax (562) 627–5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number ‘‘FAA–2007–29335; Directorate Identifier 2007–NM–045–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to http:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit http:// dms.dot.gov. 55111 The Docket Operations office (telephone (800) 647–5527) is located on the ground floor of the West Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion We have received a report indicating that four MD–80 operators reported six instances of cracked overwing frames. The reports indicate two failures at frame station 886 on the left side, three failures at frame station 886 on the right side, and one failure at frame station 905 on the right side. The cracking occurred on airplanes that had accumulated between 25,965 and 40,612 total flight cycles. The cracks, which originate in the upper radius of the frame inboard tab just below the floor, were caused by fatigue. Frames at stations 845 and 864, although not reported to be cracked, are also susceptible to this type of failure. All of the noted frames are a part of MD–80 principal structural element (PSE) 53.80.005 (although the inspections that would be required by this proposed AD are not included in supplemental inspections already required for PSE 53.80.005). If not corrected, an undetected crack might sever the frame, which could increase the loading of adjacent frames, result in damage to adjacent structure, necessitate extensive repair, and ultimately lead to the loss of overall structural integrity of the airplane. Examining the Docket Relevant Service Information We have reviewed Boeing Alert Service Bulletin MD80–53A301, Revision 1, dated May 25, 2007. The service bulletin describes procedures for inspections, using general visual and high frequency eddy current methods, to detect cracking of the overwing frames from stations 845 to 905 (MD–87 stations 731 to 791), left and right sides. The service bulletin specifies repeating the inspections within 9,300 flight cycles after any repair, within 20,000 flight cycles after any replacement, and at intervals not to exceed 9,300 flight cycles if no cracks are found. Corrective actions are done before further flight and include a blend out repair of cracks less than 0.125 inch deep, and replacement of any overwing frame with a crack 0.125 inch or deeper. You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\28SEP1.SGM 28SEP1

Agencies

[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Proposed Rules]
[Pages 55108-55111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19258]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29334; Directorate Identifier 2006-NM-268-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 Airplanes and A340-
200 and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    All permanent fuselage skin * * * and lap joint doubler * * * 
repair principles published in the SRM (Structural Repair Manual) * 
* * have been replaced with Oct/05 Revision by updated, simplified 
and harmonized repair principles.
    These updates led to the de-validation of some repairs and to 
reassess the repair inspection requirements. This situation if not 
corrected, can affect the aircraft structural integrity with a 
possible risk of decompression.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 29, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-

[[Page 55109]]

30, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
dms.dot.gov; 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 proposed 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: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
29334; Directorate Identifier 2006-NM-268-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directives 2006-0332 and 2006-0333, both dated October 
27, 2006 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    A review of the repair substantiations of the SRM (Structural 
Repair Manual) has been done to take into account the latest 
aircraft operational data (Aircraft Weight Variant and Fatigue 
Flight Mission Profiles). As a result, all permanent fuselage skin 
(Figure 202-210/213-214) and lap joint doubler (Figure 215-216) 
repair principles published in the SRM chapter 53-00-11, Page Block 
201 have been replaced with Oct/05 Revision by updated, simplified 
and harmonized repair principles.
    These updates led to the de-validation of some repairs and to 
reassess the repair inspection requirements. This situation if not 
corrected, can affect the aircraft structural integrity with a 
possible risk of decompression.
    In order to maintain the structural integrity, this 
Airworthiness Directive (AD) renders mandatory the inspection of the 
fuselage to identify possible permanent skin repairs and permanent 
longitudinal lap joint repairs and to apply the associated 
corrective actions.

    The corrective actions include contacting Airbus for repair/
inspection instructions, and repair, as applicable, for skin repairs or 
longitudinal lap joint repairs that were done in accordance with the 
repair principles in SRM chapter 53-00-11, Page Block 201, before 
October 2005, or repairs that were done without using an individual 
repair design approval sheet provided by Airbus. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A330-53-3161, dated April 14, 
2006; A330-53-3162, dated April 6, 2006; and Service Bulletins A340-53-
4166 and A340-53-4167, both dated April 6, 2006. 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 Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 9 products of U.S. registry. We also estimate that 
it would take about 9 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $6,480, or $720 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with

[[Page 55110]]

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2007-29334; Directorate Identifier 2006-NM-
268-AD.

Comments Due Date

    (a) We must receive comments by October 29, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223, 
-243, -301, -321, -322, -323, -341, -342, and -343 airplanes; and 
Model A340-200 and -300 series airplanes; all certified models, all 
serial numbers; certificated in any category; except those on which 
Airbus Modification 49144 (install rudder fly by wire) has been 
embodied in production.

Subject

    (d) Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A review of the repair substantiations of the SRM (Structural 
Repair Manual) has been done to take into account the latest 
aircraft operational data (Aircraft Weight Variant and Fatigue 
Flight Mission Profiles). As a result, all permanent fuselage skin 
(Figure 202-210/213-214) and lap joint doubler (Figure 215-216) 
repair principles published in the SRM chapter 53-00-11, Page Block 
201 have been replaced with Oct/05 Revision by updated, simplified 
and harmonized repair principles.
    These updates led to the de-validation of some repairs and to 
reassess the repair inspection requirements. This situation if not 
corrected, can affect the aircraft structural integrity with a 
possible risk of decompression.
    In order to maintain the structural integrity, this 
Airworthiness Directive (AD) renders mandatory the inspection of the 
fuselage to identify possible permanent skin repairs and permanent 
longitudinal lap joint repairs and to apply the associated 
corrective actions.
    The corrective actions include contacting Airbus for repair/
inspection instructions, and repair, as applicable, for skin repairs 
or longitudinal lap joint repairs that were done in accordance with 
the repair principles in SRM chapter 53-00-11, Page Block 201, 
before October 2005, or repairs that were done without using an 
individual repair design approval sheet provided by Airbus.

Actions and Compliance

    (f) Within 18 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) For airplanes with Weight Variant (WV) greater than WV 004 
and lower than or equal to WV 027 (for Model A330 airplanes) or WV 
029 (for Model A340-200 and -300 series airplanes): Do the actions 
specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Perform a detailed visual inspection of the fuselage outer 
skin for permanent skin repairs in the area between frame (FR) 54 
and FR 58; and for permanent longitudinal lap joint repairs in the 
area between FR 53.3 and FR 58 (for Section 15, between FR 53.3 and 
FR 54, only in the area between stringer (STGR) 22LH (left-hand) and 
STGR 22RH (right-hand) upper shell); and as applicable, apply the 
corrective actions before further flight. Perform the actions in 
accordance with the instructions given in Airbus Service Bulletin 
A330-53-3161, dated April 14, 2006; or A340-53-4166, dated April 6, 
2006; as applicable.
    (ii) Perform a detailed visual inspection of the fuselage outer 
skin for permanent skin repairs in the area between FR 18 and FR 38, 
and between FR 58 and FR 91; and for permanent longitudinal lap 
joint repairs in the area between FR 18 and FR 53.3, and between FR 
58 and FR 91 (for Section 15, between FR 39 and FR 53.3, only in the 
area between STGR 22LH (left-hand) and STGR 22RH (right-hand) upper 
shell); and as applicable, apply the corrective actions before 
further flight. Perform the actions in accordance with the 
instructions given in Airbus Service Bulletin A330-53-3162 or A340-
53-4167, both dated April 6, 2006, as applicable.
    (2) For airplanes with WV lower than or equal to WV 004: Perform 
a detailed visual inspection of the fuselage outer skin for 
permanent skin repairs in the area between FR 18 and FR 38, and 
between FR 54 and FR 91; and for permanent longitudinal lap joint 
repairs in the area between FR 18 and FR 91 (for Section 15, between 
FR 39 and FR 54, only in the area between STGR 22LH and STGR 22RH 
upper shell); and as applicable, apply the corrective actions before 
further flight. Perform the actions in accordance with the 
instructions given in Airbus Service Bulletin A330-53-3162 or A340-
53-4167, both dated April 6, 2006, as applicable.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Tim 
Backman, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2797; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directives 2006-0332 and 
2006-0333, both

[[Page 55111]]

dated October 27, 2006; and Airbus Service Bulletins A330-53-3161, 
dated April 14, 2006; A330-53-3162, dated April 6, 2006; and A340-
53-4166 and A340-53-4167, both dated April 6, 2006; for related 
information.

    Issued in Renton, Washington, on September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-19258 Filed 9-27-07; 8:45 am]
BILLING CODE 4910-13-P