Airworthiness Directives; Airbus Model A340 Series Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-175-AD; Amendment 39-11318; AD 99-19-31]

RIN 2120-AA64

Airworthiness Directives; Airbus Model A340 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD),

applicable to certain Airbus Model A340 series airplanes. This action

requires repetitive inspections to detect cracking of the right inboard

attachment lug of the main fitting of the center landing gear (CLG),

and replacement with a new or serviceable CLG, if necessary. This

action also provides for replacement of the CLG with an improved CLG as

an optional terminating action for the repetitive inspections. This

amendment is prompted by issuance of mandatory continuing airworthiness

information by a foreign civil airworthiness authority. The actions

specified in this AD are intended to detect and correct cracks in the

attachment lug, which could result in failure of the CLG.

DATES: Effective October 5, 1999.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of October 5, 1999.

Comments for inclusion in the Rules Docket must be received on or

before October 20, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Transport Airplane Directorate, ANM-114,

[[Page 50750]]

Attention: Rules Docket No. 99-NM-175-AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055-4056.

The service information referenced in this AD may be obtained from

Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,

France. This information may be examined at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,

International Branch, ANM-116, FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)

227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile

(DGAC), which is the airworthiness authority for France, notified the

FAA that an unsafe condition may exist on certain Airbus Model A340

series airplanes. The DGAC advises that an operator has found a cracked

attachment lug located on the inboard side of the right-hand main

fitting of the center landing gear (CLG) [which is part of the main

landing gear (MLG)]. The operator found the failed lug during the

weekly visual inspection of the MLG. The cause of the cracking is

unknown at this time. Such cracking, if not corrected, could result in

failure of the CLG.

Explanation of Relevant Service Information

Airbus has issued Service Bulletin A340-32-4091, Revision 01, dated

June 3, 1998, which describes procedures for repetitive inspections to

detect cracking of the right inboard attachment lug of the main fitting

of the CLG, and replacement with a new or serviceable CLG, if

necessary. The DGAC classified these service bulletins as mandatory and

issued French airworthiness directive 97-363-076(B) R2, dated July 15,

1998, as revised by Erratum, dated August 12, 1998, in order to assure

the continued airworthiness of these airplanes in Francea.

Airbus has also issued Service Bulletin A340-32-4097, Revision 02,

dated June 24, 1998, which describes procedures for replacement of the

CLG with an improved CLG. Such replacement eliminates the need for the

repetitive inspections.

FAA's Conclusions

This airplane model is manufactured in France and is type

certificated for operation in the United States under the provisions of

Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and the

applicable bilateral airworthiness agreement. Pursuant to this

bilateral airworthiness agreement, the DGAC has kept the FAA informed

of the situation described above. The FAA has examined the findings of

the DGAC, reviewed all available information, and determined that AD

action is necessary for products of this type design that are

certificated for operation in the United States.

Explanation of Requirements of the Rule

Since an unsafe condition has been identified that is likely to

exist or develop on other airplanes of the same type design registered

in the United States, this AD is being issued to detect cracks of the

right inboard attachment lug of the main fitting of the CLG. This AD

requires accomplishment of the actions specified in Airbus Service

Bulletin A340-32-4091, described previously. This AD also provides for

optional terminating action for the repetitive inspections.

Operators should note that, in consonance with the findings of the

DGAC, the FAA has determined that the repetitive inspections in this AD

can be allowed to continue in lieu of accomplishment of a terminating

action. In making this determination, the FAA considers that, in this

case, long-term continued operational safety will be adequately assured

by accomplishing the repetitive inspections to detect cracking before

it represents a hazard to the airplane.

Cost Impact

None of the airplanes affected by this action are on the U.S.

Register. All airplanes included in the applicability of this rule

currently are operated by non-U.S. operators under foreign registry;

therefore, they are not directly affected by this AD action. However,

the FAA considers that this rule is necessary to ensure that the unsafe

condition is addressed in the event that any of these subject airplanes

are imported and placed on the U.S. Register in the future.

Should an affected airplane be imported and placed on the U.S.

Register in the future, it would require approximately 1 work hour to

accomplish the required inspection, at an average labor rate of $60 per

work hour. Based on these figures, the cost impact of this AD would be

$60 per airplane, per inspection cycle.

Determination of Rule's Effective Date

Since this AD action does not affect any airplane that is currently

on the U.S. register, it has no adverse economic impact and imposes no

additional burden on any person. Therefore, prior notice and public

procedures hereon are unnecessary and the amendment may be made

effective in less than 30 days after publication in the Federal

Register.

Comments Invited

Although this action is in the form of a final rule and was not

preceded by notice and opportunity for public comment, comments are

invited on this rule. Interested persons are invited to comment on this

rule by submitting such written data, views, or arguments as they may

desire. Communications shall identify the Rules Docket number and be

submitted in triplicate to the address specified under the caption

ADDRESSES. All communications received on or before the closing date

for comments will be considered, and this rule may be amended in light

of the comments received. Factual information that supports the

commenter's ideas and suggestions is extremely helpful in evaluating

the effectiveness of the AD action and determining whether additional

rulemaking action would be needed.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy aspects of the rule that might

suggest a need to modify the rule. All comments submitted will be

available, both before and after the closing date for comments, in the

Rules Docket for examination by interested persons. A report that

summarizes each FAA-public contact concerned with the substance of this

AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket Number 99-NM-175-AD.'' The postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will not have substantial direct

effects 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. Therefore, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (1) Is

not a ``significant regulatory action'' under

[[Page 50751]]

Executive Order 12866; (2) is not a ``significant rule'' under 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. A final evaluation has been prepared

for this action and it is contained in the Rules Docket. A copy of it

may be obtained from the Rules Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by

reference, Safety.

Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me by the

Administrator, the Federal Aviation Administration amends part 39 of

the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new

airworthiness directive:

99-19-31 Airbus Industrie: Amendment 39-11318. Docket 99-NM-175-AD.

Applicability: Model A340 series airplanes, certificated in any

category; except those on which Airbus Modification 45302 has been

accomplished.

Note 1: This AD applies to each airplane identified in the

preceding applicability provision, regardless of whether it has been

otherwise modified, altered, or repaired in the area subject to the

requirements of this AD. For airplanes that have been modified,

altered, or repaired so that the performance of the requirements of

this AD is affected, the owner/operator must request approval for an

alternative method of compliance in accordance with paragraph (f) of

this AD. The request should include an assessment of the effect of

the modification, alteration, or repair on the unsafe condition

addressed by this AD; and, if the unsafe condition has not been

eliminated, the request should include specific proposed actions to

address it.

Compliance: Required as indicated, unless accomplished

previously.

To detect and correct cracking of the right inboard attachment

lug of the main fitting of the center landing gear (CLG), which

could result in failure of the CLG, accomplish the following:

Inspection

(a) For airplanes on which Airbus Industrie Modification 43028

(reference Airbus Service Bulletin A340-32-4083) has not been

accomplished: Prior to the accumulation of 150 flight cycles on the

CLG, or within 7 days after the effective date of this AD, whichever

occurs later, perform a detailed visual inspection to detect

cracking of the right inboard attachment lug of the main fitting of

the CLG, in accordance with Airbus Service Bulletin A340-32-4091,

Revision 01, dated June 3, 1998.

Note 2: For the purposes of this AD, a detailed visual

inspection is defined as: ``An intensive visual examination of a

specific structural area, system, installation, or assembly to

detect damage, failure, or irregularity. Available lighting is

normally supplemented with a direct source of good lighting at

intensity deemed appropriate by the inspector. Inspection aids such

as mirror, magnifying lenses, etc., may be used. Surface cleaning

and elaborate access procedures may be required.''

(b) For airplanes on which Airbus Industrie Modification 43028

(reference Airbus Service Bulletin A340-32-4083) has been

accomplished: Prior to the accumulation of 1,020 flight cycles on

the CLG, or within 7 days after the effective date of this AD,

whichever occurs later, perform a detailed visual inspection to

detect cracking of the right inboard attachment lug of the main

fitting of the CLG, in accordance with Airbus Service Bulletin A340-

32-4091, Revision 01, dated June 3, 1998.

(c) If any cracking is found during any inspection required by

paragraph (a) or (b) of this AD: Prior to further flight, replace

the CLG with a new or serviceable CLG in accordance with Airbus

Service Bulletin A340-32-4091, Revision 01, dated June 3, 1998; or

accomplish the optional terminating action specified in paragraph

(e).

Note 3: Accomplishment of the detailed visual inspections or

replacement of the CLG in accordance with Airbus Service Bulletin

A340-32-4091, dated February 17, 1997, is acceptable for compliance

with the actions specified by paragraphs (a), (b), and (c) of this

AD.

(d) Repeat the inspections required by paragraph (a) or (b), as

applicable, at intervals not to exceed 7 days until accomplishment

of the optional terminating action specified in paragraph (e) of

this AD.

Optional Terminating Action

(e) Installation of an improved CLG in accordance with Airbus

Service Bulletin A340-32-4097, Revision 01, dated April 16, 1998, or

Revision 02, dated June 24, 1998, constitutes terminating action for

the repetitive inspection requirement of paragraph (d) of this AD.

Alternative Methods of Compliance

(f) An alternative method of compliance or adjustment of the

compliance time that provides an acceptable level of safety may be

used if approved by the Manager, International Branch, ANM-116, FAA,

Transport Airplane Directorate. Operators shall submit their

requests through an appropriate FAA Principal Maintenance Inspector,

who may add comments and then send it to the Manager, International

Branch, ANM-116.

Note 4: Information concerning the existence of approved

alternative methods of compliance with this AD, if any, may be

obtained from the International Branch, ANM-116.

Special Flight Permits

(g) Special flight permits may be issued in accordance with

Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to a location where the

requirements of this AD can be accomplished.

Incorporation by Reference

(h) The actions shall be done in accordance with Airbus Service

Bulletin A340-32-4091, Revision 01, dated June 3, 1998. This

incorporation by reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part

51. Copies may be obtained from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be

inspected at the FAA, Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Note 5: The subject of this AD is addressed in French

airworthiness directive 97-363-076(B) R2, dated July 15, 1998, as

revised by Erratum, dated August 12, 1998.

(i) This amendment becomes effective on October 5, 1999.

Issued in Renton, Washington, on September 8, 1999.

D.L. Riggin,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 99-23995 Filed 9-17-99; 8:45 am]

BILLING CODE 4910-13-U