Airworthiness Directives; Airbus Model A330 Airplanes and A340-200 and -300 Series Airplanes, 55108-55111 [E7-19258]
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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.’’
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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
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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
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
https://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–
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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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://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
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17:39 Sep 27, 2007
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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 https://
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,
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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
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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.
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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.
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(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
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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
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
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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 https://
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 https://
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 https://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
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]]>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).
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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 https://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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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 https://
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]
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