[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Rules and Regulations]
[Pages 2813-2816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-913]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-310-AD; Amendment 39-10997; AD 99-02-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-301, -321, -322, -
341, -342, and A340-211, -212, -213, -311, -312, and -313 Series 
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, -342, 
and A340-211, -212, -213, -311, -312, and -313 series airplanes. This 
action requires repetitive high-frequency eddy current (HFEC) 
inspections to detect cracking of the inner flange of the rear fuselage 
frame FR73A, between beams 5 and 6; and corrective actions, if 
necessary. This amendment also provides for 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 fatigue cracking of the inner flange of the rear 
fuselage frame FR73A, which could result in reduced structural 
integrity of the fuselage.

DATES: Effective February 3, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 3, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before February 18, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-310-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 A330-
301, -321, -322, -341, -342, and A340-211, -212, -213, -311, -312, and 
-313 series airplanes. The DGAC advises that, during full-scale fatigue 
testing, fatigue cracking occurred at 31,409 simulated flights on the 
right-hand side of the rear fuselage frame FR73A, between beams 5 and 
6. The crack ran the full width of the inner flange, and extended 33 
millimeters (1.3 inches) into the web of the frame. Such fatigue 
cracking of the inner flange of the rear fuselage frame FR73A, if not 
detected and corrected, could result in reduced structural integrity of 
the fuselage.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-53-3037, Revision 01 (for 
Model A330 series airplanes), and A340-53-4051, Revision 01 (for Model 
A340 series airplanes), both dated January 30, 1998. These service 
bulletins describe procedures for repetitive high-frequency eddy 
current (HFEC) inspections to detect cracking of the inner flange left 
and right sides, of the rear fuselage frame FR73A, between beams 5 and 
6; and corrective actions, if necessary. The corrective actions involve 
reworking and replacing the affected area with a new, improved section 
of FR73A, if necessary. This replacement eliminates the need for 
repetitive HFEC inspections for the affected area only, as described in 
the Airbus service bulletins.
    Airbus also has issued Service Bulletins A330-53-3036, Revision 01, 
dated December 22, 1997 (for Model

[[Page 2814]]

A330 series airplanes), and A340-53-4050, dated February 19, 1997 (for 
Model A340 series airplanes). These service bulletins describe 
procedures for modification of the inner flange (left and right sides) 
of the rear fuselage frame FR73A, between beams 5 and 6. The 
modification involves reworking and flap peening the inner flange of 
the rear fuselage frame FR73A. Additionally, for Model A330 series 
airplanes, the modification also involves installing a reinforcing 
strap and cold working specific holes that attach the reinforcing 
strap. Accomplishment of these actions eliminates the need for the 
repetitive HFEC inspections described in Airbus Service Bulletins A330-
53-3037, Revision 01 (for Model A330 series airplanes), and A340-53-
4051, Revision 01 (for Model A340 series airplanes), both dated January 
30, 1998.
    Accomplishment of the actions specified in Airbus Service Bulletins 
A330-53-3037, Revision 01, or A330-53-3036, Revision 01 (for Model A330 
series airplanes); and A340-53-4051, Revision 01, or A340-53-4050 (for 
Model A340 series airplanes), is intended to adequately address the 
identified unsafe condition.
    The DGAC classified Airbus Service Bulletins A330-53-3037, Revision 
01 (for Model A330 series airplanes), and A340-53-4051, Revision 01 
(for Model A340 series airplanes as mandatory; and classified Airbus 
Service Bulletins A330-53-3036, Revision 01 (for Model A330 series 
airplanes), and A340-53-4050 (for Model A340 series airplanes) as 
recommended. The DGAC has issued French airworthiness directives 97-
270-055(B) (for Model A330 series airplanes), and 97-271-071(B) (for 
Model A340 series airplanes), both dated September 24, 1997, in order 
to assure the continued airworthiness of these airplanes in France.

FAA's Conclusions

    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 21.19) 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 and correct 
fatigue cracking of the inner flange of the rear fuselage frame FR73A, 
which could result in reduced structural integrity of the fuselage. 
This AD requires accomplishment of the actions specified in Airbus 
Service Bulletins A330-53-3037, Revision 01 (for Model A330 series 
airplanes), or A340-53-4051, Revision 01 (for Model A340 series 
airplanes), described previously, except as discussed below. This 
proposed AD also provides for optional terminating action for the 
repetitive inspections required by this AD.
    Operators should note that, in consonance with the findings of the 
DGAC, the FAA has determined that the repetitive inspections required 
by 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.

Differences Between This AD and Service Bulletins

    Operators should note that, although the service bulletins specify 
that the manufacturer may be contacted for disposition of certain 
cracking conditions, this AD requires the repair of the fatigue 
cracking to be accomplished in accordance with a method approved by 
either the FAA or the DGAC (or its delegated agent). In light of the 
type of repair that will 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 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 2 work hours to 
accomplish the required high-frequency eddy current (HFEC) inspection, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of the inspection proposed by this AD would be $120 per 
airplane, per inspection cycle.
    For Model A330 series airplanes: Should an operator elect to 
accomplish the optional terminating modification rather than continue 
the repetitive inspection, it would take approximately 24 work hours to 
accomplish, at an average labor rate of $60 per work hour. The cost of 
required parts would be approximately $708 per airplane. Based on these 
figures, the cost impact of the optional terminating action for Model 
A330 series airplanes would be $2,148 per airplane.
    For Model A340 series airplanes: Should an operator elect to 
accomplish the optional terminating modification rather than continue 
the repetitive inspections, it would take approximately 12 work hours 
to accomplish, at an average labor rate of $60 per work hours. Based on 
these figures, the cost impact of the optional terminating action for 
Model A340 series airplanes would be $720 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

[[Page 2815]]

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 98-NM-310-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 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:

99-02-08  Airbus Industrie: Amendment 39-10997. Docket 98-NM-310-AD.

    Applicability: Model A330-301, -321, -322, -341, and -342 series 
airplanes, except those on which Airbus Modification 41849 has been 
installed, or Airbus Modification 43337 (reference Airbus Service 
Bulletin A330-53-3036, Revision 01, dated December 22, 1997) has 
been accomplished; and Model A340-211, -212, -213, -311, -312, and -
313 series airplanes, except those on which Airbus Modification 
41849 has been installed, or Airbus Modification 43338 (reference 
Airbus Service Bulletin A340-53-4050, dated February 19, 1997) has 
been accomplished; certificated in any category.

    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 (d) 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 fatigue cracking of the inner flange of 
the rear fuselage frame FR73A, which could result in reduced 
structural integrity of the fuselage, accomplish the following:
    (a) Perform a high-frequency eddy current (HFEC) inspection to 
detect cracking of the inner flange (left and right sides) of the 
rear fuselage frame FR73A, between beams 5 and 6, in accordance with 
Airbus Service Bulletin A330-53-3037, Revision 01 (for Model A330 
series airplanes), or A340-53-4051, Revision 01 (for Model A340 
series airplanes), both dated January 30, 1998; at the applicable 
times specified in paragraph (a)(1) or (a)(2) of this AD.
    (1) For Model A330 series airplanes: Inspect prior to the 
accumulation of 10,000 total flight cycles, or within 90 days after 
the effective date of this AD, whichever occurs later. Thereafter, 
repeat the HFEC inspection at intervals not to exceed 1,600 flight 
cycles.
    (2) For Model A340 series airplanes: Inspect prior to the 
accumulation of 8,750 total flight cycles, or within 90 days after 
the effective date of this AD, whichever occurs later. Thereafter, 
repeat the HFEC inspection at intervals not to exceed 1,200 flight 
cycles.
    (b) If any crack is detected during any HFEC inspection required 
by paragraph (a) of this AD, prior to further flight, accomplish 
either paragraph (b)(1) or (b)(2) of this AD, in accordance with 
Airbus Service Bulletin A330-53-3037, Revision 01 (for Model A330 
series airplanes), or A340-53-4051, Revision 01 (for Model A340 
series airplanes), both dated January 30, 1998.
    (1) If any crack is less than or equal to 5.0 millimeters (0.20 
inch) in length:
    (i) Prior to further flight, rework the affected area in 
accordance with the applicable service bulletin; and
    (ii) Within 2,000 flight cycles after accomplishing the rework 
of the affected area: Replace the affected area of the rear fuselage 
frame FR73A with a new, improved section of FR73A in accordance with 
the applicable service bulletin. This replacement constitutes 
terminating action for the repetitive HFEC inspections required by 
paragraph (a) of this AD for the affected area only.
    (2) If any crack is greater than 5.0 millimeters (0.20 inch) in 
length:
    (i) Prior to further flight, repair in accordance with a method 
approved by either the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate; the Direction Generale de l'Aviation 
Civile (DGAC) (or its delegated agent); or
    (ii) Prior to further flight, replace the affected area of the 
rear fuselage frame FR73A with a new, improved section of FR73A in 
accordance with the applicable service bulletin. This replacement 
constitutes terminating action for the repetitive HFEC inspections 
required by paragraph (a) of this AD for the affected area only.
    (c) Accomplishment of the modification of the inner flange (left 
and right sides), of the rear fuselage frame FR73A, between beams 5 
and 6, in accordance with Airbus Service Bulletins A330-53-3036, 
Revision 01, dated December 22, 1997 (for Model A330 series 
airplanes), or A340-53-4050, dated February 19, 1997 (for Model A340 
series airplanes), constitutes terminating action for the repetitive 
HFEC inspections required by paragraph (a) of this AD.
    (d) 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. 
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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (e) Special flight permits may be issued in accordance with 
sections 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.
    (f) Except as provided by paragraph (b)(2)(i) of this AD, the 
actions shall be done in accordance with Airbus Service Bulletin

[[Page 2816]]

A330-53-3037, Revision 01, dated January 30, 1998; Airbus Service 
Bulletin A330-53-3036, Revision 01, dated December 22, 1997; Airbus 
Service Bulletin A340-53-4051, Revision 01, dated January 30, 1998; 
or Airbus Service Bulletin A340-53-4050, dated February 19, 1997; as 
applicable. 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 3: The subject of this AD is addressed in French 
airworthiness directives 97-270-055(B) and 97-271-071(B), both dated 
September 24, 1997.

    (g) This amendment becomes effective on February 3, 1999.

    Issued in Renton, Washington, on January 8, 1999.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-913 Filed 1-15-99; 8:45 am]
BILLING CODE 4910-13-P