Alistair Reid, director Australia for Menzies Aviation, said: "We have provided a tailored operation to suit the requirements of Virgin Atlantic since December 2004 and have now agreed a new four year contract. There were aggressive challenges from our competitors but it was our flexible attitude and demonstrated service capabilities that got us over the line."

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At the risk of sounding immodest, I shall join the debate on British Airways today. I have flown many airlines to four continents. They include Virgin Atlantic, Bellview, Ghana Airways, South African Airways, Virgin Nigeria, British Midlands, Air France, Lufthansa, KLM, Aer Lingus, Continental, Delta, Alitalia, American Airways, Swiss Air, Sabena, and others. I was a frequent flier on British Airways, and our romance started from British Caledonian. I held its prestige Gold Card but was recently downgraded to Silver, because I now fly British Airways only to those destinations not covered directly by other great airlines.

There is no doubt that British Airways has a good safety record, which is the primary consideration of most travelers. The airline parades some of the biggest jumbo jets in the world, including the awesome Boeing 747, which flies the London - Lagos route daily, and during the summer, twice daily. BA also flies the ultra-modern Boeing 777 on the London - Abuja route. BA enjoys a near monopoly of patronage from members of the Nigerian privilegentsia. It is also an airline that smells of status symbol. Many Nigerian contractors, who want to sign one deal or the other, or seeking the ear of the high and mighty, often track such powerful sheikhs to BA planes and executive class lounges. Even ladies who want to seduce men of influence and wealth also connive with airline agents to know who's traveling where, and when. They position themselves pretty, and pronto, near their prey. They understand the game all too well.

It is easier for a camel to pass through the eye of a needle than for a passenger to secure a First Class seat on BA, especially on weekends in Nigeria. On some of the occasions I flew the airline, I only met a few odd people like me in First Class. The roll call was always, the Ibrus, the Folawiyos, the Ojoras, the Sarakis, the Sijuwades, the Odogwus, the Subomi-Baloguns, the Dangotes, the Otedolas, the Alex-Duduyemis, the Bayo-Kukus, the Hope-Harrimans, and top government officials, Governors and Ministers, bank MDs, oil barons, and corporate titans. There is obviously too much money to make in Nigeria. No matter what Nigerian protesters post on the internet, BA has nothing to fear in Nigeria. The ever loyal old money will never blink an eye, and will continue to relish the comfort of their sleeper beds, and savour the taste of their caviar when available, washed down with the best champagne money can buy. Those who shift their loyalty are mainly members of the Middle Class, and a few ex-this and ex-that, whose pockets are running dry, or those whose bills are no longer paid by the government or the giant corporations.

As a result of the monumental successes recorded on the Nigerian route, BA has become very complacent. The airline is aware that 'Big Nigerians' don't like to merry-go-round, and just want an airline that can fly them directly to all destinations, without too much adventure and stop-overs. BA is therefore the airline of choice for most Nigerians who see London as their second home. Some members of their crew have been flying for decades, and tend to look down on ordinary passengers, and serve them only condescendingly. The stern looks on their faces often intimidate passengers who may wish to ask for extra service.

I was one of their hostages until Virgin Atlantic came to rescue us. I personally have grouses against BA. The airline has failed to advertise aggressively in Nigeria. As a publisher, our relationship has been one sided. Why should I continue to patronize a company that refuses to patronize my own business? To whom much is given, much is expected. BA hardly gives anything back to the Nigerian society despite our huge patronage. Theirs is to grab and grab, which is against the British tradition of welfare and charity.

I suspect that Sir Richard Branson of the Virgin Group must have studied the weaknesses of BA when he landed the juicy license in Nigeria. Sir Richard interacted personally with the Nigerian media, and invited a few of us several times to his London home in Holland Park. I don't know how many Nigerian journalists have met the BA Country Manager let alone its Chairman in London. BA's media relations is zero. But the world of business today is driven by media hype.

Virgin recruited many Nigerians, and many of them are members of the crew. This crew understands the big ego of Nigerians, and knows how to massage it. Virgin introduced a lot of Nigerian meals on board. Its Upper Class also introduced the sleeper beds on its brand new Airbus A340-600, and provided better services, at cheaper fares. The Virgin Premium Economy Class is by far superior to BA's World Traveller Plus. Virgin allows three suitcases in Upper Class, and an extra suitcase for its Gold Card holders at 32kg each, but BA allows only two on all classes, and reluctantly a third bag in First Class.

The white crew is far younger, more beautiful, friendlier, and chattier than those of BA. The BA crew was cold, unfriendly and often grouchy. They stand ramrod while serving the passengers. For Virgin, flying is an art, and every passenger is pampered like a Hollywood star. The killer service comes in form of the limo ride from Heathrow to home, and from home to the airport. Why should I spend almost N1 million to fly to London, and then wait in the cold for a taxi to take me home? BA has failed to respond to the Virgin challenge in Nigeria, and it is a great tragedy. Unknown to the airline, it has lost a lot of our young upwardly mobile customers to other airlines, while it has retained the die-hards, or passengers who know no difference, or any better. Not that they care anyway. Business is still very good in Nigeria.

The flying rewards' redemption process of BA is too tedious. While I can redeem my miles instantly via a phone call to Virgin, BA makes everything so difficult. This was tested on a recent trip from London to Jo'burg. I was travelling with my friend, Senator Tokunbo Afikuyomi, a loyal customer of British Airways, and realized that the price quoted by BA was too prohibitive. We asked if we could redeem our miles and BA told us we would need to give three days notice. I told my friend that Virgin would never be that rigid, and I was right. We phoned Virgin Atlantic, and we were able to use the Virgin air miles to check in immediately. BA's conservativeness explains why it continues to lose revenue, and records less profit.

I now fly Air France to North America, especially Canada. I find the airline very clean, cheaper, and very convenient when I want to enjoy a stop-over in Paris, France. I have since acquired its Gold Card in the last few months. I'm yet to fly The Emirates, but I'm told it is one of the most hospitable airlines around today. Qatar is also highly rated. I hope those airlines would not be complacent like BA. I enjoyed Lufthansa in the past, and had great fun flying the airline from Frankfurt to China. I'm very fond of South Africa Airways, for the newness of its fleet, and the superlative wines from the capes.

Surprisingly, Nigerian airlines are catching up. I love the fact that I can meet a crew that already knows me, and can treat me like a star, and not like a piece of dirt. Bellview has done extremely well. Against all odds, it continues to hold its own in a very difficult terrain. This is why I flew the airline barely two days after its unfortunate crash, and everyone thought I was crazy. I'm proud as a Nigerian that the airline has forged ahead in the airline business, and has even expanded its wings beyond Africa and Europe.

Aero Contractors is one airline that continues to operate in the best professional tradition. It is the oldest private airline in Nigeria, and has recently expanded on the West Coast, to Ghana, Liberia, and Sao Tome. Arik Air has joined the ambitious train with its newer aircrafts and recent incursion into Ghana. Virgin Nigeria continues to leverage on the super brand name of the Virgin Group, but it is going to be difficult to compete against such a formidable tradition of excellence. With its own fair share of controversies recently, I have noticed some improvements in its operations, which if maintained would take it to the top table in the African aviation sector.

As competition grows in the industry, the airlines would have to be more creative, and collaborative, like our banks. The rationalization exercise would eventually lead to that. In a country with no good roads, no rail service, no boat or ferry operations, the pressure on aviation industry will continue to increase.

Exit of the Titans

These are not the best of times in Yorubaland. In recent times, one of the most enlightened races in Africa has lost some of its most famous icons. Not that they died young, but these were Nigerians whose vacuum would be too difficult to fill. At different times, they played prominent roles in the lives of our nation, and in the service of their people.

The Yoruba nation has lost the avuncular presence of Pa Emmanuel Alayande, a foremost educationist and politician, who led the Council of Elders in his lifetime to resolve a lot of the imbroglio plaguing the Yoruba nation.

Also gone forever is the irrepressible Beekololari Ransome-Kuti, whose Campaign for Democracy fought so many battles to free Nigeria from the iron grip of dictators. Mention must be made of Chief Augustus Meredith Adisa Akinloye, former Chairman of the National Party of Nigeria, the ruling party in the Second Republic. He hailed from the same Ibadan city as Pa Alayande.

Early this year, the Yoruba people of Ikorodu lost one of the most stylish and glamorous politicians ever to traverse the political landscape of Nigeria. As if that was not bad enough, death has struck a fatal blow on Pa Abraham Adesanya, the father of the Yoruba socio-cultural group, Afenifere, after a protracted illness due largely to old age. The last time I was privileged to see him, I had been invited to deliver the Abraham Adesanya Annual Lecture at the Muson Centre in Lagos, and he thanked me profusely for accepting the invitation. He was so frail but still forced himself to attend the ceremony, as a demonstration of his total commitment to his people. I doubt if he ever attended another session after that.

To crown it all, the pearl of the Yoruba nation, Professor Jadesola Akande, a professor of Law, former Vice Chancellor, social activist, only days ago slept into eternity. All of these great men and amazon will be sorely missed. May God grant them all eternal rest, as we try to learn useful lessons from the lives they lived here on Earth.

[Page Number 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.

EFFECTIVE DATE: 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 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.

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: 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 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 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 Number 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.

[Section] 39.13 [Amended]

2. The FAA amends [Section] 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 Number 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                         Date
Bulletin
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

Vol. 73, No. 122

14 CFR Part 39; [Docket No. FAA-2008-0667; Directorate Identifier 2008-NM-009- AD]; RIN 2120-AA64

Proposed Rules