Airworthiness Directives:

As Enacted ( Federal Register)

Cited authorities 3

Cited in

Federal Register: January 13, 2011 (Volume 76, Number 9)

Proposed Rules

Page 2284-2287

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr13ja11-10

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 39

Docket No. FAA-2010-1309; Directorate Identifier 2010-NM-060-AD

RIN 2120-AA64

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

Surface defects were visually detected on the rudder of one

Airbus A319 and one A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were the result of de-bonding between the skin and honeycomb core. Such reworks were also performed on some rudders fitted on A330-300 and A340-200/-300 aeroplanes.

An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.

* * * * ** *

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 February 28, 2011.

ADDRESSES: You may send comments by any of the following methods:

Federal eRulemaking Portal: Go to http:// 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 SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone + 33 5 61 93 36 96; fax + 33 5 61 93 45 80, e-mail airworthiness.A330-A340@airbus.com; Internet http:/

/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.

Examining the AD Docket

You may examine the AD docket on the Internet at http:// 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:

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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-2010-1309;

Directorate Identifier 2010-NM-060-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

We will post all comments we receive, without change, to http:// 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 aviation authority for the Member States of the European Community, has issued

EASA Airworthiness Directive 2010-0021, dated February 9, 2010

(referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

Surface defects were visually detected on the rudder of one

EASA AD 2009-0156 required inspections of specific areas and, depending on findings, the application of corrective actions for those rudders where production reworks have been identified.

This AD retains the requirements of EASA AD 2009-0156, which is superseded, and in addition requires for the vacuum loss hole restoration:

--a local ultrasonic inspection for reinforced area instead of the local thermography inspection, which is maintained for non- reinforced areas, and

-- an additional work for aeroplanes on which this thermography inspection has been performed in the reinforced area.

The inspections include vacuum loss inspections and repetitive elasticity laminate checker inspections for defects including de- bonding between the skin and honeycomb core of the rudder, and ultrasonic inspections for defects on rudders on which temporary restoration with resin or permanent vacuum loss hole restoration has been performed. The corrective action is repair, if necessary. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Airbus has issued All Operators Telexes (AOTs) A330-55A3040 and

A340-55A4036, both Revision 02, both dated September 30, 2009. 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

Currently, there are no affected airplanes on the U.S. Register.

However, if an affected airplane is imported and placed on the U.S.

Register in the future, the required actions would take about 21 work hours, at an average labor rate of $85 per work hour. Based on these figures, we estimate the cost of this AD to be $1,785 per airplane.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation

Programs,'' describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in

``Subtitle VII, part A, subpart III, section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

We 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.

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

Airbus: Docket No. FAA-2010-1309; Directorate Identifier 2010-NM- 060-AD.

Comments Due Date

(a) We must receive comments by February 28, 2011.

Affected ADs

(b) None.

Applicability

-322, -323, -341, -342, and -343 airplanes, Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes; all manufacturer serial numbers; certificated in any category; equipped with carbon fiber reinforced plastic rudders having part numbers and serial numbers listed in Table 1 of this AD.

Table 1--Affected Rudders

Rudder serial

Rudder part number

number