[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42289-42291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20067]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-119-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-301, and Model A340-
211, -212, -311, and -312 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A330-301, and 
Model A340-211, -212, -311, and -312 series airplanes. This proposal 
would require repetitive detailed visual inspections of the fuselage 
belly fairing support structure to detect cracks; and corrective 
action, if necessary. This proposal also would provide for an optional 
terminating action for the repetitive inspections. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified by 
the proposed AD are intended to detect and correct fatigue cracking of 
the fuselage belly fairing support structure, which could result in 
reduced structural integrity of the fuselage belly fairing support 
structure.

DATES: Comments must be received by September 3, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-119-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    Comments may be inspected at this location between 9:00 a.m. and 
3:00 p.m., Monday through Friday, except Federal holidays.
    The service information referenced in the proposed rule 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.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-119-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-119-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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, and Model A340-
211, -212, -311, and -312 series airplanes. The DGAC advises that, 
during fatigue tests, cracks were found in the fuselage belly fairing 
support structure. This condition, if not corrected, could result in 
reduced structural integrity of the fuselage belly fairing support 
structure.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-53-3029, dated June 26, 
1995 (for Model A330 series airplanes), and A340-53-4038, Revision 1, 
dated February 6, 1996 (for Model A340 series

[[Page 42290]]

airplanes), which describe procedures for performing repetitive 
detailed visual inspections of particular parts of the fuselage belly 
fairing support structure for cracks, and repair, if necessary.
    Airbus also has issued Service Bulletins A330-53-3012, dated June 
26, 1995 (for Model A330 series airplanes), and A340-53-4020, dated 
June 26, 1996 (for Model A340 series airplanes), which describe 
procedures for modification of the fuselage belly fairing support 
structure. The modification involves removing certain parts and 
replacing the parts with new, improved parts. Accomplishment of this 
modification would eliminate the need for the repetitive inspections 
specified in Airbus Service Bulletins A330-53-3029 (for Model A330 
series airplanes) and A340-53-4038 (for Model A340 series airplanes).
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The 
DGAC classified Airbus Service Bulletins A330-53-3029 and A340-53-4038 
as mandatory and issued French airworthiness directives 95-256-023(B) 
R1 and 95-258-037(B) R1, both dated December 17, 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 
Sec. 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. 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 Proposed 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, the proposed AD would require accomplishment of 
the actions specified in Airbus service bulletins described previously, 
except as discussed below. This proposed AD also would provide 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 proposed 
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 airplanes.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, unlike the inspection procedures 
described in Airbus Service Bulletins A330-53-3029 (for Model A330 
series airplanes) and A340-53-4038 (for Model A340 series airplanes), 
this proposed AD would not permit further flight if cracking is 
detected. The FAA has determined that, because of the safety 
implications and consequences associated with such cracking, any 
structure that is found to be cracked must be repaired prior to further 
flight, in accordance with the applicable service bulletins.

Cost Impact

    Currently, there are no Airbus Model A330-301 series airplanes on 
the U.S. Register. However, should an affected airplane be imported and 
placed on the U.S. Register in the future, it would take approximately 
5 work hours to accomplish the proposed inspection, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $300 per airplane, 
per inspection cycle.
    Also, there are no Airbus Model A340-211, -212, -311, and -312 
series airplanes on the U.S. Register. However, should an affected 
airplane be imported and placed on the U.S. Register in the future, it 
would take approximately 6 work hours to accomplish the proposed 
inspection, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $360 per airplane, per inspection cycle.
    Should an affected airplane be imported and placed on the U.S. 
Register and an operator elect to accomplish the optional terminating 
action rather than continue the repetitive inspections, it would take 
approximately between 10 and 178 hours per airplane (for Model A330 
series airplanes), or between 10 and 188 hours per airplane (for Model 
A340 series airplanes), at an average labor rate of $60 per work hour. 
Required parts would cost approximately between $1,313 and $13,262 (for 
Model A330 series airplanes) or between $1,049 and $14,311 (for Model 
A340 series airplanes), per airplane. Based on these figures, the cost 
impact of this optional terminating action is estimated to be between 
$1,913 and $23,942 (for Model A330 series airplanes) or between $1,649 
and $25,591 (for Model A340 series airplanes), per airplane.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Airbus Industrie: Docket 99-NM-119-AD.

    Applicability: Model A330-301 series airplanes, except those 
airplanes on which Airbus Modification 42332 (reference Airbus 
Service Bulletin A330-53-3012, dated June 26, 1995) has been 
accomplished; and Model

[[Page 42291]]

A340-211, -212, -311, and -312 series airplanes, except those 
airplanes on which Airbus Modification 42331 or 42332 (reference 
Airbus Service Bulletin A340-53-4020, dated June 26, 1995), 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 fuselage belly 
fairing support structure, which could result in reduced structural 
integrity of the fuselage belly fairing support structure, 
accomplish the following:

Repetitive Inspection

    (a) Prior to the accumulation of 4,000 total flight cycles, or 
within 500 flight hours after the effective date of this AD, 
whichever occurs later, perform a detailed visual inspection of the 
fuselage belly fairing support structure for cracks, in accordance 
with Airbus Service Bulletin A330-53-3029, dated June 26, 1995 (for 
Model A330 series airplanes); or A340-53-4038, Revision 1, dated 
February 6, 1996 (for Model A340 series airplanes); as applicable. 
Thereafter, repeat the inspection at intervals not to exceed 2,800 
flight cycles.

Repair

    (b) If any crack is found during any inspection required by 
paragraph (a) of this AD, prior to further flight, repair in 
accordance with Airbus Service Bulletin A330-53-3012, dated June 26, 
1995 (for Model A330 series airplanes); or A340-53-4020, dated June 
26, 1995 (for Model A340 series airplanes); as applicable. 
Accomplishment of this action constitutes terminating action for the 
repetitive inspections required by this AD for only that repaired 
part.

Optional Terminating Action

    (c) Modification of the belly fairing support structure in 
accordance with Airbus Service Bulletin A330-53-3012, dated June 26, 
1995 (for Model A330 series airplanes); or A340-53-4020, dated June 
26, 1995 (for Model A340 series airplanes); as applicable; 
constitutes terminating action for the requirements of this AD.

Alternative Methods of Compliance

    (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, 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 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.

Special Flight Permits

    (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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directives 95-256-023(B) R1 and 95-258-037(B) R1, both 
dated December 17, 1997.

    Issued in Renton, Washington, on July 29, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-20067 Filed 8-3-99; 8:45 am]
BILLING CODE 4910-13-U