[Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
[Proposed Rules]
[Pages 73441-73444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33950]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-241-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A330 and A340 
series airplanes. This proposal would require repetitive inspections to 
detect cracking of the fuselage skin in the area of the VHF2 antenna, 
repair, if necessary. This proposal also would provide for optional 
terminating action for the repetitive inspections. This proposal is 
prompted by issuance of mandatory continuing airworthiness

[[Page 73442]]

information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to detect and correct such 
cracking, which could result in cabin depressurization of the airplane.

DATES: Comments must be received by January 31, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-241-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-241-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-241-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 and A340 series 
airplanes. The DGAC advises that cracks have been found in the fuselage 
skin aft of frame 54, between the airplane centerline and stringer 56R 
in the area of the VHF2 antenna. The cracks were caused by fatigue 
induced by the vibration of the VHF2 antenna during flight. This 
antenna is installed on both Model A330 and A340 series airplanes. 
Operators have reported 30 such occurrences on Model A330 and A340 
series airplanes. Such cracking could result in cabin depressurization 
of the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A330-53-3094, Revision 02, dated 
May 28, 1998 (for Model A330 series airplanes), and Service Bulletin 
A340-53-4105, Revision 02, dated May 25, 1998 (for Model A340 series 
airplanes); which provide instructions for repetitive HFEC inspections 
to detect cracks of the fuselage skin aft of frame 54, between the 
airplane centerline and stringer 56R in the area of the VHF2 antenna, 
and an interim repair procedure if cracks are found. Accomplishment of 
the interim repair will stop further crack propagation until a 
permanent repair can be accomplished. The interim repair consists of 
cutting out the cracked portion of the fuselage skin, and installing a 
filler plate in the skin cutout, two doublers, and shims. The DGAC 
classified these service bulletins as mandatory and issued French 
airworthiness directives 1998-192-071(B), Revision 01 (for Model A330 
series airplanes) and 1998-193-089(B), Revision 01 (for Model A340 
series airplanes), both dated March 24, 1999, in order to assure the 
continued airworthiness of these airplanes in France.
    Airbus has also issued Service Bulletin A330-53-3097, Revision 01, 
dated May 21, 1999 (for Model A330 series airplanes), and Service 
Bulletin A340-53-4108, Revision 01, dated May 21, 1999 (for Model A340 
series airplanes); which provide terminating action for the repetitive 
inspections. The terminating action consists of a modification to 
reinforce the fuselage structure in the area of the VHF2 antenna. These 
service bulletins were approved by the DGAC.

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 the service bulletins described previously, 
except as discussed below. This proposed AD also would provide for an 
interim repair, which if accomplished, would extend the interval for 
the repetitive inspections. This proposed AD also would provide for 
optional terminating action for the repetitive inspections.
    Operators should note that, to be consistent 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 specified in the service 
bulletins described previously. 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 Proposed Rule and Service Bulletins

    Operators should note that, unlike the procedures described in 
Airbus Service Bulletins A330-53-3094 and Service

[[Page 73443]]

Bulletin A340-53-4105, this proposed AD would not permit further flight 
if cracks are detected in the fuselage skin. The service bulletins 
allow for a temporary repair to be applied to cracks below a certain 
size, consisting of stop drilling the crack tip, until the interim 
repair can be accomplished. The FAA has determined that, because of the 
safety implications and consequences associated with such cracking, any 
subject fuselage skin that is found to be cracked must be repaired 
either with the interim repair or in accordance with a method approved 
by the FAA (as applicable) prior to further flight.
    In addition, although the service bulletins specify that the 
manufacturer may be contacted for disposition of certain repair 
conditions, this proposal would require the repair of those conditions 
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 would be required to address the identified unsafe 
condition, and in consonance with existing bilateral airworthiness 
agreements, the FAA has determined that, for this proposed AD, a repair 
approved by either the FAA or the DGAC would be acceptable for 
compliance with this proposed 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 6 work hours to 
accomplish the required inspections, at an average labor rate of $60 
per work hour. Based on these figures, the cost impact of this AD would 
be $360 per airplane, per inspection cycle.
    Should an operator elect to accomplish the optional terminating 
action rather than continue the repetitive inspections, it would take 
approximately 112 work hours per airplane to accomplish the 
modification, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of this optional terminating action is 
estimated to be $6,720 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, Airplane, 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: Docket 99-NM-241-AD.

    Applicability: Model A330 and A340 series airplanes, 
certificated in any category; except those on which Airbus 
production modification 46025 is installed or on which Airbus 
Service Bulletin A330-53-3097, Revision 01, dated May 21, 1999 (for 
Model A330 series airplanes), or Service Bulletin A340-53-4108, 
Revision 01, dated May 21, 1999 (for Model A340 series airplanes), 
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 (g) 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 fuselage skin in the area 
of the VHF2 antenna, which could result in cabin depressurization of 
the airplane, accomplish the following:

Detailed Visual Inspection

    (a) At the latest of the times specified in paragraphs (a)(1), 
(a)(2), (a)(3), and (a)(4) of this AD, as applicable: Perform a 
detailed visual inspection (without removal of the VHF2 antenna) of 
the fuselage skin aft of frame 54, between the airplane centerline 
and stringer 56R in the area of the VHF2 antenna to detect cracks, 
in accordance with Airbus Service Bulletin A330-53-3094, Revision 
02, dated May 28, 1998 (for Model A330 series airplanes), or Service 
Bulletin A340-53-4105, Revision 02, dated May 25, 1998 (for Model 
A340 series airplanes) (hereinafter referred to as the applicable 
service bulletin). Thereafter, if no cracks are detected, repeat the 
detailed visual inspection every 36 flight hours until 
accomplishment of the high frequency eddy current (HFEC) inspection 
required by paragraph (b) of this AD.
    (1) Prior to the accumulation of 900 total flight hours.
    (2) Within 1,250 flight hours since accomplishment of the 
interim repair specified by paragraph 2.C.(4) of the applicable 
service bulletin, if the interim repair has been accomplished prior 
to the effective date of this AD.
    (3) Within 300 flight hours since the most recent HFEC 
inspection accomplished in accordance with the applicable service 
bulletin, if the most recent HFEC inspection has been accomplished 
prior to the effective date of this AD.
    (4) Within 36 flight hours after the effective date of this AD.

    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.''

High Frequency Eddy Current Inspection

    (b) Perform a high frequency eddy current (HFEC) inspection to 
detect cracks of the fuselage skin aft of frame 54, between the 
airplane centerline and stringer 56R in the

[[Page 73444]]

area of the VHF2 antenna, in accordance with the applicable service 
bulletin, at the applicable time specified by paragraph (b)(1) or 
(b)(2) of this AD. Accomplishment of this inspection terminates the 
requirements of paragraph (a) of this AD.
    (1) For airplanes on which the interim repair specified by 
paragraph 2.C.(4) of the applicable service bulletin has not been 
accomplished: Prior to the accumulation of 900 total flight hours on 
the airplane, or within 500 flight hours after the effective date of 
this AD, whichever occurs later. Thereafter, accomplish the follow-
on actions of paragraph (c) or (d) of this AD, as applicable.
    (2) For airplanes on which the interim repair specified by 
paragraph 2.C.(4) of the applicable service bulletin has been 
accomplished: Within 1,250 flight hours after accomplishment of the 
interim repair, or within 500 flight hours after the effective date 
of this AD, whichever occurs later.

Repetitive Inspections

    (c) If no crack is detected during the HFEC inspection required 
by paragraph (b) of this AD, accomplish the repetitive inspections 
required by paragraph (c)(1) or (c)(2) of this AD, as applicable.
    (1) For airplanes on which the interim repair specified by 
paragraph 2.C.(4) of the applicable service bulletin has not been 
accomplished, accomplish the actions specified by paragraphs 
(c)(1)(i) and (c)(1)(ii) of this AD.
    (i) Repeat the HFEC inspection specified by paragraph (b) at 
intervals not to exceed 500 flight hours.
    (ii) Within 300 flight hours after each HFEC inspection required 
by this AD: Perform a detailed visual inspection (without removal of 
the VHF2 antenna) of the fuselage skin aft of frame 54, between the 
airplane centerline and stringer 56R in the area of the VHF2 antenna 
to detect cracks, in accordance with the applicable service 
bulletin. Thereafter, if no cracks are detected, repeat the detailed 
visual inspection every 36 flight hours until accomplishment of the 
next HFEC inspection required by paragraph (c)(1)(i) of this AD.
    (2) For airplanes on which the interim repair specified by 
paragraph 2.C.(4) of the applicable service bulletin has been 
accomplished, repeat the HFEC inspection specified by paragraph (b) 
of this AD at intervals not to exceed 1,250 flight hours.

Corrective Actions

    (d) If any crack is detected during any inspection required by 
paragraph (a), (b), or (c) of this AD, and the interim repair 
specified by paragraph 2.C.(4) of the applicable service bulletin 
has not been accomplished: Prior to further flight, accomplish the 
actions specified by paragraph (d)(1) or (d)(2) of this AD, as 
applicable.
    (1) If only one crack is detected and that crack is 9.45 inches 
or less, and is within the limits specified by the applicable 
service bulletin: Install the interim repair specified in paragraph 
2.C.(4) of the applicable service bulletin. Thereafter, repeat the 
HFEC inspection specified by paragraph (b) of this AD at intervals 
not to exceed 1,250 flight hours.

    Note 3: The interim repair referenced by this AD consists of 
cutting out the cracked portion of the fuselage skin, and installing 
a filler plate in the skin cutout, two doublers, and shims, as 
described in paragraph 2.C.(4) of the applicable service bulletin.

    Note 4: Accomplishment of the interim repair in accordance with 
paragraph 4.3 of Airbus Industrie All Operator Telex (AOT) 53-10, 
dated September 24, 1997, is acceptable for compliance with the 
requirements of paragraph (d)(1) of this AD.

    (2) If any crack is detected that is longer than 9.45 inches, or 
is outside the limits specified by the service bulletin, or if more 
than one crack is detected: Repair in accordance with a method 
approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate; or the Direction Generale de 
l'Aviation Civile (DGAC) (or its delegated agent). For a repair 
method to be approved by the Manager, International Branch, ANM-116, 
as required by this paragraph, the Manager's approval letter must 
specifically reference this AD.
    (e) If any crack is detected during any inspection required by 
paragraph (a), (b), or (c) of this AD and the interim repair 
specified by paragraph 2.C.(4) of the applicable service bulletin 
has been accomplished: Prior to further flight, repair in accordance 
with a method approved by the Manager, International Branch, ANM-
116; or the DGAC (or its delegated agent). For a repair method to be 
approved by the Manager, International Branch, ANM-116, as required 
by this paragraph, the Manager's approval letter must specifically 
reference this AD.
    (f) Accomplishment of the modification as described in Airbus 
Service Bulletin A330-53-3097, Revision 01, dated May 21, 1999 (for 
Model A330 series airplanes), or Service Bulletin A340-53-4108, 
Revision 01, dated May 21, 1999 (for Model A340 series airplanes), 
terminates the repetitive inspections required by paragraphs (a), 
(b), and (c) of this AD.

    Note 5: Accomplishment of Airbus production modification 46025, 
or the modification as described in Airbus Service Bulletin A330-53-
3097, dated July 29, 1998 (for Model A330 series airplanes), or 
Service Bulletin A340-53-4108, dated July 31, 1998 (for Model A340 
series airplanes), also constitutes terminating action for the 
repetitive inspections required by paragraphs (a), (b), and (c) of 
this AD.

Alternative Methods of Compliance

    (g) 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 6: 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

    (h) 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.

    Note 7: The subject of this AD is addressed in French 
airworthiness directives 1998-192-071(B)R1 (for Model A330 series 
airplanes) and 1998-193-089(B)R1 (for Model A340 series airplanes), 
both dated March 24, 1999.

    Issued in Renton, Washington, on December 23, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Airplane Certification 
Service.
[FR Doc. 99-33950 Filed 12-29-99; 8:45 am]
BILLING CODE 4910-13-U