[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Rules and Regulations]               
[Page 59711-59713]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-353-AD; Amendment 39-13341; AD 2003-21-06]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A330-301, -321, -322, -
341, and -342 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A330-301, -321, -322, -341, and -342 
airplanes. This action requires modifying the rear fuselage to 
reinforce a certain frame segment. This action is necessary to prevent 
fatigue cracking of the rear fuselage, which could result in reduced 
structural integrity of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective November 3, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 3, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before November 17, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-353-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-353-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction G[eacute]n[eacute]rale 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 A330-301, -321, -322, -341, and -342 airplanes. The DGAC 
advises that, during fatigue testing, after 57,457 simulated flights, a 
crack initiated and propagated in the rear fuselage on the right-hand 
side of the airplane in the web of frame 65 at stringer 27, at the 
first lower rivet row of the cross-beam attach fitting. Such cracking, 
if not corrected, could result in reduced structural integrity of the 
airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A330-53-3059, Revision 01, dated 
October 15, 1997. That service bulletin describes procedures for 
modifying the rear fuselage to reinforce frame 65 in the area of 
stringer 27 at the first lower rivet row of the cross-beam attach 
fitting. This modification includes performing rotating probe 
inspections for cracking of certain fastener holes, reaming certain 
fastener holes (either as a corrective action if cracking is found in 
certain areas, or as a follow-on action for uncracked fastener holes), 
cold-expanding certain fastener holes, replacing certain existing 
fasteners with improved fasteners, and applying sealant. Accomplishment 
of the actions specified in the service bulletin is intended to 
adequately address the identified unsafe condition. The DGAC classified 
this service bulletin as mandatory and issued French airworthiness 
directive 2001-496(B), dated October 17, 2001, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 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

[[Page 59712]]

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 that may be 
registered in the United States at some time in the future, this AD is 
being issued to prevent fatigue cracking of the rear fuselage, which 
could result in reduced structural integrity of the airplane. This AD 
requires accomplishment of the actions specified in the service 
bulletin described previously, except as discussed below.

Differences Between This AD and Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this AD 
requires operators to repair those conditions per a method approved by 
either the FAA or the DGAC (or its delegated agent). In light of the 
type of repair that is required to address the unsafe condition, and 
consistent with existing bilateral airworthiness agreements, we have 
determined that, for this AD, a repair approved by either the FAA or 
the DGAC would be acceptable for compliance with this AD.

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 3 work hours to 
accomplish the required actions, at an average labor rate of $65 per 
work hour. Required parts would cost approximately $120 per airplane. 
Based on these figures, the cost impact of this AD would be $315 per 
airplane.

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.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 2001-NM-353-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-21-06 Airbus: Amendment 39-13341. Docket 2001-NM-353-AD.

    Applicability: Model A330-301, -321, -322, -341, and -342 
airplanes; certificated in any category; except those on which 
Airbus Modification 43761, 44203, or 44052 has been accomplished in 
production.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the rear fuselage, which could 
result in reduced structural integrity of the airplane, accomplish 
the following:

Service Bulletin Reference

    (a) The following information pertains to the service bulletin 
referenced in this AD:

[[Page 59713]]

    (1) The term ``service bulletin'' as used in this AD, means the 
Accomplishment Instructions of Airbus Service Bulletin A330-53-3059, 
Revision 01, dated October 15, 1997.
    (2) Modifications accomplished before the effective date of this 
AD per Airbus Service Bulletin A330-53-3059, dated June 18, 1996, 
are acceptable for compliance with this AD.

Modification

    (b) Prior to the accumulation of 20,000 total flight cycles, 
modify the rear fuselage to reinforce frame 65 in the area of 
stringer 27 at the first lower rivet row of the cross-beam attach 
fitting (including performing rotating probe inspections for 
cracking of certain fastener holes; accomplishing any applicable 
repair; and replacing certain fasteners with new, improved 
fasteners) by accomplishing all actions specified in paragraphs 2.A. 
through 2.D. of the service bulletin. Do the actions per the service 
bulletin, except as required by paragraph (c) of this AD. Any 
applicable repair must be accomplished prior to further flight.

Repairs

    (c) If any crack is found during any inspection required by this 
AD, and the service bulletin recommends contacting Airbus for 
appropriate action: Before further flight, repair per a method 
approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate; or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated 
agent).

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, is authorized to approve alternative methods of 
compliance for this AD.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A330-53-3059, 
Revision 01, dated October 15, 1997. 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 1: The subject of this AD is addressed in French 
airworthiness directive 2001-496(B), dated October 17, 2001.

Effective Date

    (f) This amendment becomes effective on November 3, 2003.

    Issued in Renton, Washington, on October 9, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-26117 Filed 10-16-03; 8:45 am]

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