Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified us that an unsafe condition may exist on certain Airbus Model A340-211, -212, - 311, and -312 airplanes. The DGAC advises that certain inspections done before accomplishing the modification specified in Airbus Service Bulletin A340-57-4036 (Airbus Modification 43577), Revision 05, dated March 14, 2000, revealed cracking that was outside the modification limits specified in that service bulletin. The cracking was repaired by installing a titanium doubler using certain repair drawings. Subsequently, a detailed structural analysis was done on the repaired airplanes. It was determined by the manufacturer that a specific inspection program is necessary for the repaired airplanes in order to maintain structural integrity. Cracking of the fastener holes of the horizontal flange of the keel beam could result in reduced structural integrityof the fuselage.
Relevant Service Information
Airbus has issued Service Bulletin A340-57-4087, dated November 21, 2003. The service bulletin describes procedures for an initial rotating probe inspection and initial and repetitive ultrasonic inspections for discrepancies (cracking, out-of-tolerance fastener holes, and fastener damage) of the first fastener hole of the horizontal flange of the keel beam. If no cracking is found during the rotating probe inspection, the service bulletin describes procedures for installation of a new fastener and determining if the fastener hole is out-of-tolerance. The corrective action for any out-of-tolerance hole includes reaming any out-of-tolerance fastener holes to oversize and installing oversized fasteners. The service bulletin also describes procedures for repetitive follow-on ultrasonic inspections for cracking, and contacting Airbus for repair instructions if cracking is found. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DGAC mandated the service information and issued French airworthiness directive F- 2005-007, dated January 5, 2005, to ensure the continued airworthiness of these airplanes in France.
The service bulletin also specifies to contact the manufacturer for disposition of certain repair conditions and report inspection findings to the manufacturer. The service bulletin refers to Airbus Service Bulletin A340-57-4036, Revision 05, dated March 14, 2000, as the source of service information for accomplishing Airbus Modification 43577. The modification was previously accomplished on all airplanes affected by this AD.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to find and fix discrepancies of the fastener holes of the horizontal flange of the keel beam, which could result in reduced structural integrity of the fuselage. This AD requires accomplishing the actions specified in Service Bulletin A340- 57-4087, described previously, except as discussed under "Difference Between this AD, the French Airworthiness Directive, and Service Bulletin A340-57-4087."
Difference Between This AD, the French Airworthiness Directive, and Service Bulletin A340-57-4087
The French airworthiness directive and the service bulletin specify contacting the manufacturer for disposition of certain repairconditions; this AD requires the repair of those conditions to be accomplished per a method approved by either the FAA or the DGAC (or its delegated agent). In light of the type of repair that would be required to address the identified unsafe condition, and in consonance with existing bilateral airworthiness agreements, the FAA has determined that, for this AD, a repair approved by either the FAA or the DGAC (or its delegated agent) would be acceptable for compliance with this AD.
Although the French airworthiness directive allows for use of the procedures specified in Airbus Technical Disposition F57D03012810 or 582.0651/2002 for accomplishing the first rotating probe inspection, this AD does not allow for those documents to be used. This difference has been coordinated with the DGAC.
Clarification of Compliance Time
The service bulletin and French airworthiness directive do not provide a compliance time for the initial ultrasonic inspection if no cracking is found during the rotating probe inspection; however, this AD requires that the inspection be done within 1,480 flight cycles or 7,400 flight hours after accomplishing the one-time rotating probe inspection.
Costs of Compliance
None of the airplanes affected by this action are on the U.S. Register. All airplanes affected by this AD are currently operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, we consider this AD necessary to ensure that the unsafe condition is addressed if any affected airplane is imported and placed on the U.S. Register in the future.
If an affected airplane is imported and placed on the U.S. Register in the future, it would take between 3 and 8 work hours per airplane for the initial inspections and about 2 work hours per airplane for each repetitive inspection, at an average labor rate of $65 per work hour. Two kits would be required for installing the new fasteners after discarding theremoved fasteners. Parts cost is $190 for each kit. Based on these figures, the estimated cost of the initial actions would be between $575 and $900 per airplane; and the estimated cost of the repeat inspection is estimated to be $130 per airplane, per inspection cycle.
FAA's Determination of the Effective Date
No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the Federal Register.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2005- 22614; Directorate Identifier 2005-NM-035-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov , or in person at the Docket Management Facility officebetween 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them.
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 have determined that this AD will not have federalism implications under Executive Order 13132. This AD will 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 that the 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 RegulatoryFlexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):