Airworthiness Directives; Airbus Model A310 Airplanes, 42804-42807 [E9-20352]

Download as PDF jlentini on DSKJ8SOYB1PROD with PROPOSALS 42804 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein, as may be requested. Such records and accounts must be retained for 2 years after the date of the final payment to the producer under this program. (b) At all times during regular business hours, authorized representatives of the U.S. Department of Agriculture or any agency thereof, the Comptroller General of the United States shall have access to the premises of the producer in order to inspect, examine, and make copies of the books, records, and accounts, and other written data as specified in paragraph (a) of this section. (c) Audits of certifications of average adjusted gross income may be conducted as necessary to determine compliance with the requirements of this subpart. As a part of this audit, income tax forms may be requested and if requested, must be supplied. If a producer has submitted information to FSA, including a certification from a certified public accountant or attorney, that relied upon information from a form previously filed with the Internal Revenue Service, such producer shall provide FSA a copy of any amended form filed with the Internal Revenue Service within 30 days of the filing. (d) If requested in writing by the U.S. Department of Agriculture or any agency thereof, or the Comptroller General of the United States, the producer shall provide all information and documentation the reviewing authority determines necessary to verify any information or certification provided under this subpart, including all documents referred to in § 1580.301(c) of this title, within 30 days. Acceptable production documentation may be submitted by facsimile, in person, or by mail and may include copies of receipts, ledgers, income statements, deposit slips, register tapes, invoices for custom harvesting, records to verify production costs, contemporaneous measurements, truck scale tickets, fish tickets, landing reports, and contemporaneous diaries that are determined acceptable. Failure to provide necessary and accurate information to verify compliance, or failure to comply with this part’s requirements, will result in ineligibility for all program benefits subject to this part for the year or years subject to the request. § 1580.503 Recovery of overpayments. (a) If the Administrator (FAS) determines that any producer has received any payment under this VerDate Nov<24>2008 23:52 Aug 24, 2009 Jkt 217001 program to which the producer was not entitled, or has expended funds received under this program for any purpose that was not approved by the Administrator (FAS) such producer will be liable to repay such amount. The Administrator (FAS) may waive such repayment if it is determined that: (1) The payment was made without fault on the part of the producer; and (2) Requiring such repayment would be contrary to equity and good conscience. (b) Unless an overpayment is otherwise recovered, or waived under paragraph (a) of this section, the Administrator (FAS) shall recover the overpayment as a debt following the procedures in 7 CFR part 3. The requirement for demand and notice and opportunity for a hearing under the debt collection procedures in 7 CFR part 3 shall satisfy the notice and hearing requirements under 19 U.S.C. 2401f(c), and the appeal procedures in § 1580.505 of this title shall not apply to collection of overpayments. § 1580.504 Debarment and suspension and penalties. (a) Generally. The regulations governing Governmentwide Debarment and Suspension (Nonprocurement), 7 CFR part 3017, and Government Requirements for Drug-Free Workplace (Financial Assistance), 7 CFR part 3021, apply to this part. (b) Additional specific suspension and debarment provision for this program. In addition to any other debarment or suspension of a producer under paragraph (a) of this section, in connection with this program, if the Administrator (FAS) or a court of competent jurisdiction determines that a producer: (1) Knowingly has made, or caused another to make, a false statement or representation of a material fact, or (2) Knowingly has failed, or caused another to fail, to disclose a material fact; and, as a result of such false statement or representation, or of such nondisclosure, such producer has received any payment under this program to which the producer was not entitled, the Administrator (FAS) shall suspend and debar such producer from any future payments under this program, as provided in 19 U.S.C. 2401f(b). (c) Criminal penalty. Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other producer any payments authorized to be furnished under this program shall be fined not PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 more than $10,000 or imprisoned for not more than 1 year, or both. § 1580.505 Appeals. (a) A producer adversely affected by a determination with respect to their application for trade adjustment assistance under § 1580.301 or with respect to the receipt of technical assistance or payments under § 1580.302 may file a notice of appeal within 30 days of the date that the notification of the adverse determination was sent. The notice of appeal should indicate whether the producer is requesting a hearing. (b) Any hearing conducted under paragraph (a) of this section, shall be in accordance with instructions issued by the Administrator (FAS). (c) A producer may not seek judicial review of any adverse decision under this paragraph without receiving a final determination pursuant to this paragraph. § 1580.506 Judicial review. Any producer aggrieved by a final agency determination under this part may appeal to the U.S. Court of International Trade for a review of such determination in accordance with its rules and procedures. § 1580.602 Paperwork Reduction Act assigned number. The information collection requirements contained in these regulations (7 CFR part 1580) have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and been assigned OMB control number 0551– 0040. Dated: June 10, 2009. Michael V. Michener, Administrator, Foreign Agricultural Service. [FR Doc. E9–20345 Filed 8–24–09; 8:45 am] BILLING CODE 3410–10–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0717; Directorate Identifier 2009–NM–002–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A310 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). E:\FR\FM\25AUP1.SGM 25AUP1 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 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: Following scheduled maintenance, an A310 operator reported finding cracks around the wing top skin panels fastener holes at Rib 2 (LH or RH) [left-hand or righthand], between stringers 2 and 14 on some of its aircraft. This condition, if not corrected, may lead to degradation of the structure in this area. An inspection programme is necessary to restore and retain the structural integrity. jlentini on DSKJ8SOYB1PROD with PROPOSALS * * * * * 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 September 24, 2009. 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. For service information identified in this proposed AD, contact Airbus, Airbus SAS–EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: account.airwortheas@airbus.com; Internet https:// www.airbus.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. 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 VerDate Nov<24>2008 23:52 Aug 24, 2009 Jkt 217001 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: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; 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–2009–0717; Directorate Identifier 2009–NM–002–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, which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2008–0211, dated December 4, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: Following scheduled maintenance, an A310 operator reported finding cracks around the wing top skin panels fastener holes at Rib 2 (LH or RH) [left-hand or righthand], between stringers 2 and 14 on some of its aircraft. This condition, if not corrected, may lead to degradation of the structure in this area. An inspection programme is necessary to restore and retain the structural integrity. For the reason described above, this AD requires the implementation of an inspection programme that will ensure that any visible cracks in the wing top skin panels 1 and 2 along Rib 2 are detected in time and repaired appropriately. Note: The General Visual Inspection requested by the existing and applicable Airworthiness Limitation Items (ALI) tasks may not be adequate to detect these cracks. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 42805 You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued Mandatory Service Bulletin A310–57–2096, dated May 6, 2008. 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 66 products of U.S. registry. We also estimate that it would take about 2 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 $10,560, or $160 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 E:\FR\FM\25AUP1.SGM 25AUP1 42806 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 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. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. Regulatory Findings 1. The authority citation for part 39 continues to read as follows: 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, 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 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] Reason (e) The mandatory continuing airworthiness information (MCAI) states: Following scheduled maintenance, an A310 operator reported finding cracks around the wing top skin panels fastener holes at Rib 2 (LH or RH) [left-hand or righthand], between stringers 2 and 14 on some of its aircraft. This condition, if not corrected, may lead to degradation of the structure in this area. An inspection programme is necessary to restore and retain the structural integrity. For the reason described above, this AD requires the implementation of an inspection programme that will ensure that any visible cracks in the wing top skin panels 1 and 2 along Rib 2 are detected in time and repaired appropriately. Note: The General Visual Inspection requested by the existing and applicable Airworthiness Limitation Items (ALI) tasks may not be adequate to detect these cracks. Actions and Compliance 2. The FAA amends § 39.13 by adding the following new AD: Airbus: Docket No. FAA–2009–0717; Directorate Identifier 2009–NM–002–AD. Comments Due Date (a) We must receive comments by September 24, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A310– 203, –204, –221, –222, –304, –322, –324, and –325 airplanes; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 57: Wings. (f) Unless already done, do the following actions: (1) Do a detailed visual inspection around fastener holes in the wing top skin panels 1 and 2, along rib 2 between the right side and left side of the front and rear spars, at the applicable compliance time in Table 1 of this AD; as applicable to the airplane model and Short Range (SR) use, average flight time (AFT) equal to or less than 4 hours; or Long Range (LR) use, AFT exceeding 4 hours; in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A310–57–2096, dated May 6, 2008. Note 1: To establish the AFT, take the accumulated flight time (counted from the take-off up to the landing) and divide by the number of accumulated flight cycles. This gives the average flight time per flight cycle. TABLE 1—COMPLIANCE TIMES FOR DETAILED VISUAL INSPECTION Model Compliance time (whichever occurs later) (i) A310–203, A310–204, A310-221, and A310–222 airplanes. (A) Prior to the accumulation of 18,700 flight cycles or 37,400 flight hours since first flight of the airplane, whichever occurs first; or (B) Within 430 flight cycles or 860 flight hours, whichever occurs first, after the effective date of this AD. (A) Prior to the accumulation of 17,300 flight cycles or 48,400 flight hours since first flight of the airplane, whichever occurs first; or (B) Within 400 flight cycles or 1,100 flight hours, whichever occurs first, after the effective date of this AD. (A) Prior to accumulation of 12,800 flight cycles or 64,300 flight hours since first flight of the airplane, whichever occurs first; or (B) Within 300 flight cycles or 1,450 flight hours, whichever occurs first, after the effective date of this AD. (ii) ‘SR’ A310–304, A310–322, A310–324, and A310– 325 short range airplanes. jlentini on DSKJ8SOYB1PROD with PROPOSALS (iii) ‘LR’ A310–304, A310–322, A310-324, and A310– 325 long range airplanes. (2) As of the effective date of this AD, if any repair has already been done as a result of finding skin cracks at rib 2 in the area to be inspected, the inspection requirements of this AD are not required for the repaired area. Instead, for previously repaired areas, VerDate Nov<24>2008 23:52 Aug 24, 2009 Jkt 217001 continue the inspection in accordance with the procedures specified in paragraph (g) of this AD. The rest of the rib 2 area not covered by the repair must be inspected in accordance with the requirements of this AD. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 (3) If no crack is found, repeat the inspection required by paragraph (f)(1) of this AD thereafter at the intervals not to exceed those specified in Table 2 of this AD, as applicable. E:\FR\FM\25AUP1.SGM 25AUP1 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 42807 TABLE 2—COMPLIANCE TIMES FOR REPETITIVE INSPECTION INTERVAL Model Repetitive inspection interval A310–203, A310–204, A310-221, and A310–222 airplanes .................... ‘SR’ A310–304, A310–322, A310–324, and A310–325 short range airplanes. ‘LR’ A310–304, A310–322, A310-324, and A310–325 long range airplanes. (4) If any crack is found during any inspection required by paragraph (f)(1) or (f)(3) of this AD, before further flight, repair in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A310–57–2096, dated May 6, 2008. Instead, for previously repaired areas, continue the inspection in accordance with the procedures specified in paragraph (g) of this AD. (5) After each inspection required by this AD, submit an inspection report in accordance with Airbus Mandatory Service Bulletin A310–57–2096, dated May 6, 2008; at the times specified in paragraphs (f)(5)(i) or (f)(5)(ii) of this AD, as applicable. (i) If the inspection was done after the effective date of this AD: Submit the report within 30 days after the inspection. (ii) If the inspection was accomplished prior to the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Within 1,700 flight cycles or 3,500 flight hours, whichever occurs first. Within 1,600 flight cycles or 4,600 flight hours, whichever occurs first. Within 1,200 flight cycles or 6,100 flight hours, whichever occurs first. requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2008– 0211, dated December 4, 2008; and Airbus Mandatory Service Bulletin A310–57–2096, dated May 6, 2008, for related information. Issued in Renton, Washington, on August 17, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–20352 Filed 8–24–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Note 1: This AD differs from the MCAI and/or service information as follows: No differences. jlentini on DSKJ8SOYB1PROD with PROPOSALS FAA AD Differences [Docket No. FAA–2009–0718; Directorate Identifier 2009–NM–025–AD] RIN 2120–AA64 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: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (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 VerDate Nov<24>2008 23:52 Aug 24, 2009 Jkt 217001 Airworthiness Directives; Boeing Model 747 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for all Boeing Model 747 airplanes. This proposed AD would require one-time detailed and high frequency eddy current inspections for cracks in the wing and horizontal stabilizer side-ofbody joints and the fuselage skin circumferential splices, and repair if necessary. This proposed AD would also require, for certain airplanes, repetitive detailed inspections for cracks of the fuselage skin circumferential splices, and repair if necessary. This proposed AD results from Boeing analysis indicating that the wing and horizontal stabilizer side-of-body joints, and the fuselage skin circumferential splices are susceptible to fatigue cracking due to high cyclic loads on the airplane. We are proposing this AD to detect and correct fatigue cracking at multiple adjacent locations in the subject areas, which could connect to PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 form large cracks and result in reduced structural integrity leading to rapid decompression and consequent loss of control of the airplane. DATES: We must receive comments on this proposed AD by October 9, 2009. 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 W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1, fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227– 1221 or 425–227–1152. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility 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 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: Ivan Li, Aerospace Engineer, Airframe E:\FR\FM\25AUP1.SGM 25AUP1

Agencies

[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Proposed Rules]
[Pages 42804-42807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20352]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0717; Directorate Identifier 2009-NM-002-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 42805]]

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:

    Following scheduled maintenance, an A310 operator reported 
finding cracks around the wing top skin panels fastener holes at Rib 
2 (LH or RH) [left-hand or right-hand], between stringers 2 and 14 
on some of its aircraft.
    This condition, if not corrected, may lead to degradation of the 
structure in this area. An inspection programme is necessary to 
restore and retain the structural integrity.
* * * * *
    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 September 24, 
2009.

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.
    For service information identified in this proposed AD, contact 
Airbus, Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; e-mail: account.airworth-eas@airbus.com; Internet 
https://www.airbus.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221 or 425-227-1152.

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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; 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-2009-0717; 
Directorate Identifier 2009-NM-002-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, which is the Technical Agent 
for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0211, dated December 4, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Following scheduled maintenance, an A310 operator reported 
finding cracks around the wing top skin panels fastener holes at Rib 
2 (LH or RH) [left-hand or right-hand], between stringers 2 and 14 
on some of its aircraft.
    This condition, if not corrected, may lead to degradation of the 
structure in this area. An inspection programme is necessary to 
restore and retain the structural integrity.
    For the reason described above, this AD requires the 
implementation of an inspection programme that will ensure that any 
visible cracks in the wing top skin panels 1 and 2 along Rib 2 are 
detected in time and repaired appropriately.
    Note: The General Visual Inspection requested by the existing 
and applicable Airworthiness Limitation Items (ALI) tasks may not be 
adequate to detect these cracks.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A310-57-2096, dated 
May 6, 2008. 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 66 products of U.S. registry. We also estimate that 
it would take about 2 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 $10,560, or $160 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

[[Page 42806]]

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, Incorporation by 
reference, 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-2009-0717; Directorate Identifier 2009-NM-
002-AD.

Comments Due Date

    (a) We must receive comments by September 24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310-203, -204, -221, -222, 
-304, -322, -324, and -325 airplanes; certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Following scheduled maintenance, an A310 operator reported 
finding cracks around the wing top skin panels fastener holes at Rib 
2 (LH or RH) [left-hand or right-hand], between stringers 2 and 14 
on some of its aircraft.
    This condition, if not corrected, may lead to degradation of the 
structure in this area. An inspection programme is necessary to 
restore and retain the structural integrity.
    For the reason described above, this AD requires the 
implementation of an inspection programme that will ensure that any 
visible cracks in the wing top skin panels 1 and 2 along Rib 2 are 
detected in time and repaired appropriately.
    Note: The General Visual Inspection requested by the existing 
and applicable Airworthiness Limitation Items (ALI) tasks may not be 
adequate to detect these cracks.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Do a detailed visual inspection around fastener holes in the 
wing top skin panels 1 and 2, along rib 2 between the right side and 
left side of the front and rear spars, at the applicable compliance 
time in Table 1 of this AD; as applicable to the airplane model and 
Short Range (SR) use, average flight time (AFT) equal to or less 
than 4 hours; or Long Range (LR) use, AFT exceeding 4 hours; in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A310-57-2096, dated May 6, 2008.

    Note 1: To establish the AFT, take the accumulated flight time 
(counted from the take-off up to the landing) and divide by the 
number of accumulated flight cycles. This gives the average flight 
time per flight cycle.


        Table 1--Compliance Times for Detailed Visual Inspection
------------------------------------------------------------------------
            Model               Compliance time (whichever occurs later)
------------------------------------------------------------------------
(i) A310-203, A310-204,        (A) Prior to the accumulation of 18,700
 A310[dash]221, and A310-222    flight cycles or 37,400 flight hours
 airplanes.                     since first flight of the airplane,
                                whichever occurs first; or
                               (B) Within 430 flight cycles or 860
                                flight hours, whichever occurs first,
                                after the effective date of this AD.
(ii) `SR' A310-304, A310-322,  (A) Prior to the accumulation of 17,300
 A310-324, and A310-325 short   flight cycles or 48,400 flight hours
 range airplanes.               since first flight of the airplane,
                                whichever occurs first; or
                               (B) Within 400 flight cycles or 1,100
                                flight hours, whichever occurs first,
                                after the effective date of this AD.
(iii) `LR' A310-304, A310-     (A) Prior to accumulation of 12,800
 322, A310[dash]324, and A310-  flight cycles or 64,300 flight hours
 325 long range airplanes.      since first flight of the airplane,
                                whichever occurs first; or
                               (B) Within 300 flight cycles or 1,450
                                flight hours, whichever occurs first,
                                after the effective date of this AD.
------------------------------------------------------------------------

     (2) As of the effective date of this AD, if any repair has 
already been done as a result of finding skin cracks at rib 2 in the 
area to be inspected, the inspection requirements of this AD are not 
required for the repaired area. Instead, for previously repaired 
areas, continue the inspection in accordance with the procedures 
specified in paragraph (g) of this AD. The rest of the rib 2 area 
not covered by the repair must be inspected in accordance with the 
requirements of this AD.
    (3) If no crack is found, repeat the inspection required by 
paragraph (f)(1) of this AD thereafter at the intervals not to 
exceed those specified in Table 2 of this AD, as applicable.

[[Page 42807]]



      Table 2--Compliance Times for Repetitive Inspection Interval
------------------------------------------------------------------------
               Model                    Repetitive inspection interval
------------------------------------------------------------------------
A310-203, A310-204, A310[dash]221,   Within 1,700 flight cycles or 3,500
 and A310-222 airplanes.              flight hours, whichever occurs
                                      first.
`SR' A310-304, A310-322, A310-324,   Within 1,600 flight cycles or 4,600
 and A310-325 short range airplanes.  flight hours, whichever occurs
                                      first.
`LR' A310-304, A310-322,             Within 1,200 flight cycles or 6,100
 A310[dash]324, and A310-325 long     flight hours, whichever occurs
 range airplanes.                     first.
------------------------------------------------------------------------

     (4) If any crack is found during any inspection required by 
paragraph (f)(1) or (f)(3) of this AD, before further flight, repair 
in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A310-57-2096, dated May 6, 2008. Instead, 
for previously repaired areas, continue the inspection in accordance 
with the procedures specified in paragraph (g) of this AD.
    (5) After each inspection required by this AD, submit an 
inspection report in accordance with Airbus Mandatory Service 
Bulletin A310-57-2096, dated May 6, 2008; at the times specified in 
paragraphs (f)(5)(i) or (f)(5)(ii) of this AD, as applicable.
    (i) If the inspection was done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date of this AD.

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, 
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: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office.
    (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 Airworthiness 
Directive 2008-0211, dated December 4, 2008; and Airbus Mandatory 
Service Bulletin A310-57-2096, dated May 6, 2008, for related 
information.

    Issued in Renton, Washington, on August 17, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-20352 Filed 8-24-09; 8:45 am]
BILLING CODE 4910-13-P
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