Airworthiness Directives; Airbus Model A330-200, A330-300, and A340-300 Series Airplanes, 35603-35606 [E8-14192]

Download as PDF Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Proposed Rules ebenthall on PRODPC60 with PROPOSALS support for damage and cracking, and the associated corrective actions as necessary with more restrictive actions than defined in Airbus Service Bulletin (SB) A320–25A1555 at its original issue. The new requirements defined in this AD will be introduced in revision 1 of SB A320– 25A1555. The associated corrective actions include repair or replacement of the lower lateral fittings and/or central support. Replacing the 80VU support fittings eliminates the need for the repetitive inspection of the lower lateral fittings, and extends the repetitive interval for the lower central support. Actions and Compliance (f) Unless already done, do the following actions. (1) Prior to the accumulation of 24,000 total flight cycles, or within 500 flight cycles after the effective date of this AD, whichever occurs later: Do a special detailed inspection of the 80VU rack lower lateral fittings for damage (e.g., broken fitting, missing bolts, migrated bushings, material burr, or rack in contact with the fitting) of the 80VU rack lower lateral fittings in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–25A1555, dated June 14, 2007. Except as provided by paragraph (f)(2) of this AD, repeat the inspection thereafter at the interval specified in paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as applicable. Replacing the 80VU lower lateral fittings in accordance with Airbus Service Bulletin A320–25–1557, dated June 14, 2007, terminates the inspection requirements of this paragraph. (i) If the 80VU rack lower lateral fittings have not been repaired in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–25A1555, dated June 14, 2007, repeat the inspection thereafter at intervals not to exceed 4,500 flight cycles. (ii) If the 80VU rack lower lateral fittings have been repaired in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–25A1555, dated June 14, 2007, repeat the inspection thereafter at intervals not to exceed 24,000 flight cycles. (2) If any damage is found during any inspection required by paragraph (f)(1) of this AD, do all applicable corrective actions (inspection and/or repair) in accordance with the Accomplishment Instructions and timeframes given in Airbus Service Bulletin A320–25A1555, dated June 14, 2007. (3) Prior to the accumulation of 24,000 total flight cycles, or within 500 flight cycles after the effective date of this AD, whichever occurs later: Do a special detailed inspection of the 80VU rack lower central support for cracking in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–25A1555, dated June 14, 2007. Except as provided by paragraph (f)(4) of this AD, repeat the inspection thereafter at the interval specified in paragraph (f)(3)(i) or (f)(3)(ii) of this AD, as applicable. (i) If the 80VU rack lower central support has not been repaired or replaced in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 25A1555, dated June 14, 2007; or Airbus VerDate Aug<31>2005 15:03 Jun 23, 2008 Jkt 214001 Service Bulletin A320–25–1557, dated June 14, 2007; repeat the inspection thereafter at the interval specified in paragraph (f)(3)(i)(A) or (f)(3)(i)(B) of this AD, as applicable. (A) For airplanes on which the lower central support has accumulated more than 30,000 total flight cycles as of the effective date of this AD: At intervals not to exceed 500 flight cycles. (B) For airplanes on which the lower central support has accumulated 30,000 total flight cycles or fewer as of the effective date of this AD: At intervals not to exceed 4,500 flight cycles, without exceeding 30,750 total flight cycles for the first repetitive inspection. (ii) If the 80VU rack lower central support has been repaired or replaced in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–25A1555, dated June 14, 2007; or Airbus Service Bulletin A320–25–1557, dated June 14, 2007; repeat the inspection thereafter at intervals not to exceed 24,000 flight cycles. (4) If any crack is found during any inspection required by paragraph (f)(3) of this AD, do the action in paragraph (f)(4)(i) or (f)(4)(ii) of this AD, as applicable. (i) If the crack length is more than 40 mm on the front or the rear sheet of the lower central support, as shown in Figure 3, Sheet 2 of Airbus Service Bulletin A320–25A1555, dated June 14, 2007, or if any crack is found on the upper sheet of the lower central support as shown in Figure 3, Sheet 3 of Airbus Service Bulletin A320–25A1555, dated June 14, 2007: Before further flight, repair or replace the lower central support in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 25A1555, dated June 14, 2007; or Airbus Service Bulletin A320–25–1557, dated June 14, 2007; as applicable. (ii) If the crack length is 40 mm or less on the front or the rear sheet, as specified in Figure 3, Sheet 2 of Service Bulletin A320– 25A1555, dated June 14, 2007: Within 20 months or 4,500 flight cycles after the crack finding, whichever occurs first, repair or replace the lower central support in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 25A1555, dated June 14, 2007; or A320–25– 1557, dated June 14, 2007, as applicable. Until the repair or replacement of the lower central support is accomplished, repeat the inspection required by paragraph (f)(3) of this AD thereafter at intervals not to exceed 500 flight cycles. FAA AD Differences Note 1: 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, ANM–116, International Branch, 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 Dulin, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 35603 FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2141; 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 FAAapproved 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 European Aviation Safety Agency (EASA) Airworthiness Directive 2007–0276, dated October 26, 2007; Airbus Service Bulletin A320–25A1555, dated June 14, 2007; and Airbus Service Bulletin A320–25–1557, dated June 14, 2007, for related information. Issued in Renton, Washington, on June 8, 2008. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–14184 Filed 6–23–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0667; Directorate Identifier 2008–NM–009–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A330–200, A330–300, and A340–300 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: During fatigue tests (EF3) on the A340–600, damages were found in longitudinal doubler E:\FR\FM\24JNP1.SGM 24JNP1 35604 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Proposed Rules at VTP (vertical tail plane) attachment cutout between Frame (FR) 80 and FR86. This damage occurred between 58341 and 72891 simulated flight cycles (FC). Due to the higher Design Service Goal and different design (e.g. doubler thickness) [of the] A330–200/–300 and A340–300 aircraft series, the damage assessment concluded [there was] potential impact on [the airplanes specified in the] applicability. * * * * * The unsafe condition is crack propagation in the VTP attachment cutout, which could reduce airplane structural integrity in the tail section. 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 July 24, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ebenthall on PRODPC60 with PROPOSALS Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: 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. VerDate Aug<31>2005 15:03 Jun 23, 2008 Jkt 214001 FAA–2008–0667; Directorate Identifier 2008–NM–009–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:// www.regulations.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 Directive 2007–0284, dated November 12, 2007 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: During fatigue tests (EF3) on the A340–600, damages were found in longitudinal doubler at VTP (vertical tail plane) attachment cutout between Frame (FR) 80 and FR86. This damage occurred between 58341 and 72891 simulated Flight Cycles (FC). Due to the higher Design Service Goal and different design (e.g. doubler thickness) [of the] A330–200/–300 and A340–300 aircraft series, the damage assessment concluded [there was] potential impact on [the airplanes specified in the] applicability. [T]o allow early detection of cracks, which could [prevent] possible crack propagation and consequently maintain the structural integrity of the upper shell structure between FR80 and FR86, this Airworthiness Directive (AD) mandates an inspection program [for cracking] of this area using a high frequency eddy current (HFEC) method, and a modification to improve the upper shell structure. occurs first, through 4,600 flight cycles or 14,000 flight hours, whichever occurs first (for the repetitive inspection intervals); and from 10,700 total flight cycles through 14,200 total flight cycles (for the modification); depending upon airplane model and weight variant. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. AIRBUS SERVICE INFORMATION Service Bulletin A330–53–3159 A330–53–3160 A330–53–3168 A340–53–4165 A340–53–4172 A340–53–4174 .......... .......... .......... .......... .......... .......... Date September 19, July 9, 2007. September 19, September 19, July 10, 2007. September 19, 2007. 2007. 2007. 2007. 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. The unsafe condition is crack propagation in the VTP attachment cutout, which could reduce airplane structural integrity in the tail section. Corrective actions include doing eddy current inspections for cracking of certain fastener rows, and contacting Airbus for repair instructions and repairing. You may obtain further information by examining the MCAI in the AD docket. 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. Relevant Service Information Airbus has issued the service bulletins specified in the following table. The compliance times in paragraph 1.E.(2) of the service bulletins range from 14,200 total flight cycles through 27,900 total flight cycles (for the initial inspection); from 1,700 flight cycles or 11,900 flight hours, whichever Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 26 products of U.S. registry. We also estimate that it would take about 202 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\24JNP1.SGM 24JNP1 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Proposed Rules parts would cost about $19,020 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $914,680, or $35,180 per product. ebenthall on PRODPC60 with PROPOSALS Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this 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. VerDate Aug<31>2005 15:03 Jun 23, 2008 Jkt 214001 Actions and Compliance 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] 2. The FAA amends § 39.13 by adding the following new AD: Airbus: Docket No. FAA–2008–0667; Directorate Identifier 2008–NM–009–AD. Comments Due Date (a) We must receive comments by July 24, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A330– 200, A330–300, and A340–300 series airplanes; certificated in any category; all certified models, all serial numbers; on which Airbus modification 44205 has been embodied in production, except those on which Airbus modification 52974 or 53223 has been embodied in production. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: During fatigue tests (EF3) on the A340–600, damages were found in longitudinal doubler at VTP (vertical tail plane) attachment cutout between Frame (FR) 80 and FR86. This damage occurred between 58341 and 72891 simulated Flight Cycles (FC). Due to the higher Design Service Goal and different design (e.g. doubler thickness) [of the] A330–200/–300 and A340–300 aircraft series, the damage assessment concluded [there was] potential impact on [the airplanes specified in the] applicability. [T]o allow early detection of cracks, which could [prevent] possible crack propagation and consequently maintain the structural integrity of the upper shell structure between FR80 and FR86, this Airworthiness Directive (AD) mandates an inspection program [for cracking] of this area using a high frequency eddy current (HFEC) method, and a modification to improve the upper shell structure. The unsafe condition is crack propagation in the VTP attachment cutout, which could reduce airplane structural integrity in the tail section. Corrective actions include doing eddy current inspections for cracking of certain fastener rows, and contacting Airbus for repair instructions and repairing. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 35605 (f) Unless already done, do the following actions. (1) For Airbus Model A330–300 and A340– 300 series airplanes, except Model A340–300 weight variant (WV) 027 airplanes: At the applicable compliance time specified in paragraph (f)(2) of this AD, perform a HFEC inspection of the upper shell structure between FR80 and FR86, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330–53–3168 or A340–53– 4174, both dated September 19, 2007, as applicable. (i) If no crack is detected, repeat the inspection thereafter within the intervals specified in paragraph 1.E.(2) of Airbus Service Bulletin A330–57–3168 or A340–53– 4174, as applicable. (ii) If any crack is detected during any inspection required by this AD: Before next flight, contact Airbus for repair instructions and do applicable repairs. (iii) Doing the modification of the upper shell structure in accordance with Airbus Service Bulletin A330–53–3159 or Airbus Service Bulletin A340–53–4165, both dated September 19, 2007, as applicable, ends the inspections required by paragraph (f)(1) of this AD. (2) Do the actions required by paragraph (f)(1) of this AD at the later of the compliance times specified in paragraph (f)(2)(i) and (f)(2)(ii) of this AD. (i) Within the compliance times specified in paragraph 1.E.(2) of Airbus Service Bulletin A330–53–3168 or A340–53–4174, both dated September 19, 2007, as applicable. (ii) Within 3 months after the effective date of this AD. (3) At the applicable time specified in paragraphs (f)(3)(i), (f)(3)(ii), and (f)(3)(iii) of this AD or within 3 months after the effective date of this AD, whichever occurs later, modify the upper shell structure between FR80 and FR86 (including doing eddy current inspections for cracking of certain fastener rows and applicable corrective actions) in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330–53–3160, dated July 9, 2007, or Airbus Service Bulletin A340–53– 4172, dated July 10, 2007, as applicable. Do all applicable corrective actions before further flight. (i) For Model A330–200 airplanes, WV 020 through WV 027: Prior to the accumulation of 13,500 total flight cycles. (ii) For Model A330–200 airplanes, WV 050 through WV 055: Prior to the accumulation of 10,700 total flight cycles or 59,300 total flight hours, whichever occurs first. (iii) For Model A340–300 airplanes, WV 027: Prior to the accumulation of 14,200 total flight cycles. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: Although the MCAI allows further flight after cracks are found during compliance with the required action, this AD requires that you repair the crack(s) before further flight. E:\FR\FM\24JNP1.SGM 24JNP1 35606 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Proposed Rules Other FAA AD Provisions DEPARTMENT OF THE TREASURY (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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149. 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 FAAapproved 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 European Aviation Safety Agency (EASA) Airworthiness Directive 2007–0284, dated November 12, 2007, and the service bulletins specified in Table 1 of this AD, for related information. TABLE 1.—SERVICE INFORMATION Airbus Service Bulletin A330–53–3159 A330–53–3160 A330–53–3168 A340–53–4165 A340–53–4172 A340–53–4174 .......... .......... .......... .......... .......... .......... Date September 19, July 9, 2007. September 19, September 19, July 10, 2007. September 19, 2007. 2007. 2007. 2007. ebenthall on PRODPC60 with PROPOSALS Issued in Renton, Washington, on June 9, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–14192 Filed 6–23–08; 8:45 am] BILLING CODE 4910–13–P Internal Revenue Service 26 CFR Part 1 [REG–102122–08] RIN 1545–BH56 Guidance Under Section 956 for Determining the Basis of Property Acquired in Certain Nonrecognition Transactions Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations. AGENCY: SUMMARY: In the Rules and Regulations section of this issue of the Federal Register, the IRS and the Treasury Department are issuing temporary regulations under section 956 of the Internal Revenue Code (Code) relating to the determination of basis in property acquired by a controlled foreign corporation in certain nonrecognition transactions that are intended to avoid United States income tax. Those regulations affect United States shareholders of a controlled foreign corporation that acquires United States property in certain nonrecognition transactions. The text of those regulations also serves as the text of these proposed regulations. DATES: Written or electronic comments and requests for a public hearing must be received by September 22, 2008. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–102122–08), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG– 102122–08), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically, via the Federal eRulemaking Portal at https:// www.regulations.gov (IRS REG–102122– 08). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, John H. Seibert, (202) 622–3860; concerning submissions of comments and/or requests for a hearing, Regina Johnson, (202) 622–7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions Temporary regulations in the Rules and Regulations section of this issue of VerDate Aug<31>2005 15:03 Jun 23, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 the Federal Register provide guidance regarding the determination of basis for property acquired in certain nonrecognition transactions that repatriate earnings and profits of a controlled foreign corporation but are structured with the intent to avoid an income inclusion by the United States shareholders of the controlled foreign corporation under section 951(a)(1)(B). This avoidance is achieved by the use of the basis rules under section 362(a) for the acquisition by the controlled foreign corporation of certain stock or obligations that constitute United States property within the meaning of section 956(c). The text of those regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the temporary regulations and these proposed regulations. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. chapter 6), it is hereby certified that these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based on the fact that these regulations will affect primarily large multi-national United States corporations that own a significant interest in foreign corporations that acquire certain United States property in a transaction subject to the regulations. Accordingly, a regulatory flexibility analysis is not required. Pursuant to section 7805(f) of the Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small entities. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed original and eight (8) copies) or electronic comments that are submitted timely to the IRS. The IRS and the Treasury Department continue to consider, outside the context of section 956, the appropriate basis of stock or obligations issued by a transferor in the hands of the transferee as determined under section 362. The IRS and the Treasury Department are also considering whether any additional rules are necessary or appropriate to coordinate the section 956 basis E:\FR\FM\24JNP1.SGM 24JNP1

Agencies

[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Proposed Rules]
[Pages 35603-35606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14192]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0667; Directorate Identifier 2008-NM-009-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, and 
A340-300 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:

    During fatigue tests (EF3) on the A340-600, damages were found 
in longitudinal doubler

[[Page 35604]]

at VTP (vertical tail plane) attachment cutout between Frame (FR) 80 
and FR86. This damage occurred between 58341 and 72891 simulated 
flight cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
doubler thickness) [of the] A330-200/-300 and A340-300 aircraft 
series, the damage assessment concluded [there was] potential impact 
on [the airplanes specified in the] applicability.
* * * * *
The unsafe condition is crack propagation in the VTP attachment cutout, 
which could reduce airplane structural integrity in the tail section. 
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 July 24, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.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: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1138; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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-2008-0667; 
Directorate Identifier 2008-NM-009-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://
www.regulations.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 Directive 2007-0284, dated November 12, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During fatigue tests (EF3) on the A340-600, damages were found 
in longitudinal doubler at VTP (vertical tail plane) attachment 
cutout between Frame (FR) 80 and FR86. This damage occurred between 
58341 and 72891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
doubler thickness) [of the] A330-200/-300 and A340-300 aircraft 
series, the damage assessment concluded [there was] potential impact 
on [the airplanes specified in the] applicability.
    [T]o allow early detection of cracks, which could [prevent] 
possible crack propagation and consequently maintain the structural 
integrity of the upper shell structure between FR80 and FR86, this 
Airworthiness Directive (AD) mandates an inspection program [for 
cracking] of this area using a high frequency eddy current (HFEC) 
method, and a modification to improve the upper shell structure.

The unsafe condition is crack propagation in the VTP attachment cutout, 
which could reduce airplane structural integrity in the tail section. 
Corrective actions include doing eddy current inspections for cracking 
of certain fastener rows, and contacting Airbus for repair instructions 
and repairing. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Airbus has issued the service bulletins specified in the following 
table. The compliance times in paragraph 1.E.(2) of the service 
bulletins range from 14,200 total flight cycles through 27,900 total 
flight cycles (for the initial inspection); from 1,700 flight cycles or 
11,900 flight hours, whichever occurs first, through 4,600 flight 
cycles or 14,000 flight hours, whichever occurs first (for the 
repetitive inspection intervals); and from 10,700 total flight cycles 
through 14,200 total flight cycles (for the modification); depending 
upon airplane model and weight variant. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

                       Airbus Service Information
------------------------------------------------------------------------
             Service Bulletin                           Date
------------------------------------------------------------------------
A330-53-3159..............................  September 19, 2007.
A330-53-3160..............................  July 9, 2007.
A330-53-3168..............................  September 19, 2007.
A340-53-4165..............................  September 19, 2007.
A340-53-4172..............................  July 10, 2007.
A340-53-4174..............................  September 19, 2007.
------------------------------------------------------------------------

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 26 products of U.S. registry. We also estimate that 
it would take about 202 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required

[[Page 35605]]

parts would cost about $19,020 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these costs. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $914,680, 
or $35,180 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 
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-2008-0667; Directorate Identifier 2008-NM-
009-AD.

Comments Due Date

    (a) We must receive comments by July 24, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A330-300, and 
A340-300 series airplanes; certificated in any category; all 
certified models, all serial numbers; on which Airbus modification 
44205 has been embodied in production, except those on which Airbus 
modification 52974 or 53223 has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During fatigue tests (EF3) on the A340-600, damages were found 
in longitudinal doubler at VTP (vertical tail plane) attachment 
cutout between Frame (FR) 80 and FR86. This damage occurred between 
58341 and 72891 simulated Flight Cycles (FC).
    Due to the higher Design Service Goal and different design (e.g. 
doubler thickness) [of the] A330-200/-300 and A340-300 aircraft 
series, the damage assessment concluded [there was] potential impact 
on [the airplanes specified in the] applicability.
    [T]o allow early detection of cracks, which could [prevent] 
possible crack propagation and consequently maintain the structural 
integrity of the upper shell structure between FR80 and FR86, this 
Airworthiness Directive (AD) mandates an inspection program [for 
cracking] of this area using a high frequency eddy current (HFEC) 
method, and a modification to improve the upper shell structure.

The unsafe condition is crack propagation in the VTP attachment 
cutout, which could reduce airplane structural integrity in the tail 
section. Corrective actions include doing eddy current inspections 
for cracking of certain fastener rows, and contacting Airbus for 
repair instructions and repairing.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Airbus Model A330-300 and A340-300 series airplanes, 
except Model A340-300 weight variant (WV) 027 airplanes: At the 
applicable compliance time specified in paragraph (f)(2) of this AD, 
perform a HFEC inspection of the upper shell structure between FR80 
and FR86, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-53-3168 or A340-53-4174, both dated 
September 19, 2007, as applicable.
    (i) If no crack is detected, repeat the inspection thereafter 
within the intervals specified in paragraph 1.E.(2) of Airbus 
Service Bulletin A330-57-3168 or A340-53-4174, as applicable.
    (ii) If any crack is detected during any inspection required by 
this AD: Before next flight, contact Airbus for repair instructions 
and do applicable repairs.
    (iii) Doing the modification of the upper shell structure in 
accordance with Airbus Service Bulletin A330-53-3159 or Airbus 
Service Bulletin A340-53-4165, both dated September 19, 2007, as 
applicable, ends the inspections required by paragraph (f)(1) of 
this AD.
    (2) Do the actions required by paragraph (f)(1) of this AD at 
the later of the compliance times specified in paragraph (f)(2)(i) 
and (f)(2)(ii) of this AD.
    (i) Within the compliance times specified in paragraph 1.E.(2) 
of Airbus Service Bulletin A330-53-3168 or A340-53-4174, both dated 
September 19, 2007, as applicable.
    (ii) Within 3 months after the effective date of this AD.
    (3) At the applicable time specified in paragraphs (f)(3)(i), 
(f)(3)(ii), and (f)(3)(iii) of this AD or within 3 months after the 
effective date of this AD, whichever occurs later, modify the upper 
shell structure between FR80 and FR86 (including doing eddy current 
inspections for cracking of certain fastener rows and applicable 
corrective actions) in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-53-3160, dated July 9, 
2007, or Airbus Service Bulletin A340-53-4172, dated July 10, 2007, 
as applicable. Do all applicable corrective actions before further 
flight.
    (i) For Model A330-200 airplanes, WV 020 through WV 027: Prior 
to the accumulation of 13,500 total flight cycles.
    (ii) For Model A330-200 airplanes, WV 050 through WV 055: Prior 
to the accumulation of 10,700 total flight cycles or 59,300 total 
flight hours, whichever occurs first.
    (iii) For Model A340-300 airplanes, WV 027: Prior to the 
accumulation of 14,200 total flight cycles.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI allows further flight after cracks are 
found during compliance with the required action, this AD requires 
that you repair the crack(s) before further flight.


[[Page 35606]]



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: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0284, dated November 12, 2007, and the 
service bulletins specified in Table 1 of this AD, for related 
information.

                      Table 1.--Service Information
------------------------------------------------------------------------
         Airbus Service  Bulletin                       Date
------------------------------------------------------------------------
A330-53-3159..............................  September 19, 2007.
A330-53-3160..............................  July 9, 2007.
A330-53-3168..............................  September 19, 2007.
A340-53-4165..............................  September 19, 2007.
A340-53-4172..............................  July 10, 2007.
A340-53-4174..............................  September 19, 2007.
------------------------------------------------------------------------


    Issued in Renton, Washington, on June 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14192 Filed 6-23-08; 8:45 am]
BILLING CODE 4910-13-P
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