[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40874-40876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19257]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-136-AD; Amendment 39-12369; AD 2001-16-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-301, -321, -322, -
341, and -342 Series Airplanes, and Model A340 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) that 
is applicable to certain Airbus Model A330-301, -321, -322, -341, and -
342 series airplanes, and certain Model A340 series airplanes. This 
action requires repetitive inspections to detect cracking of the aft 
cargo compartment door, and corrective action if necessary. This action 
also provides for optional terminating action for the repetitive 
inspections. This action is necessary to detect and correct cracking of 
the aft cargo compartment door, which could result in reduced 
structural integrity of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective August 21, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 21, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before September 5, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket 2001-NM-136-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. Comments may be submitted via fax to (425) 227-1232. Comments 
may also be sent via the Internet using the following address: [email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2001-NM-136-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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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, and -342 series airplanes, and certain Model 
A340 series airplanes. The DGAC advises that, during fatigue tests, 
cracking was found in several structural parts of the aft cargo 
compartment door. The cracking was detected between 42,944 and 67,605 
simulated flights. This condition, if not corrected, could result in 
reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-52-3043 (for Model A330 
series airplanes) and A340-52-4053 (for Model A340 series airplanes), 
both dated March 2, 2001. The service bulletins describe procedures for 
repetitive detailed visual inspections to detect cracking of the aft 
cargo compartment door, and corrective action, if necessary. The DGAC 
classified this service bulletin as mandatory and issued French 
airworthiness directives 2001-126(B) and 2001-124(B), both dated April 
4, 2001, to ensure the continued airworthiness of these airplanes in 
France.
    Airbus has also issued Service Bulletins A330-52-3044 (for Model 
A330 series airplanes) and A340-52-4054 (for Model A340 series 
airplanes), both dated March 2, 2001. These service bulletins describe 
procedures to modify the aft cargo compartment door. The

[[Page 40875]]

modification involves either cold expanding the fastener holes and 
installing interference fit fasteners, or reinforcing the affected 
area. Accomplishment of the modification eliminates the need to 
continue the repetitive inspections.

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 21.19) 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 that may be 
registered in the United States at some time in the future, this AD is 
being issued to detect and correct cracking of the aft cargo 
compartment door, which could result in reduced structural integrity of 
the airplane. This AD requires accomplishment of the actions specified 
in Service Bulletins A330-52-3043 and A340-52-4053, except as discussed 
below in ``Differences Between the AD and the Service Bulletins.'' This 
AD also provides 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 
required by this AD can be allowed to continue in lieu of 
accomplishment of a terminating action. Additionally, the FAA has 
determined that, for certain instances where cracking is detected, the 
repair may be deferred for a specified period of time. In making these 
determinations, the FAA considers that, in the case of this AD, 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, and by accomplishing repairs 
within the specified time limits.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Differences Between the AD and the Service Bulletins

    Although Service Bulletins A330-52-3043 and A340-52-4053 specify 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this AD requires 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 AD, a repair approved by either the FAA 
or the DGAC would be acceptable for compliance with the requirements of 
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 take approximately 8 work hours to 
accomplish the required inspection, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$480 per airplane, per inspection cycle.
    Should an operator elect to accomplish the optional terminating 
action, the cost would vary depending on the kit installed. It would 
take approximately 2 to 45 work hours to accomplish the modification, 
at an average labor rate of $60 per work hour. Required parts would 
cost approximately $60 to $5,010 per airplane. Based on these figures, 
the cost impact of this AD would be as little as $180, and as much as 
$7,710, 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:
     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.
     For each issue, state what specific change to the proposed 
AD is being requested.
     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 2001-NM-136-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

[[Page 40876]]

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

    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:

2001-16-01  Airbus Industrie: Amendment 39-12369. Docket 2001-NM-
136-AD.

    Applicability: The following airplanes, certificated in any 
category:
    --Model A330-301, -321, -322, -341, and -342 series airplanes; 
excluding those that have received Airbus Modification 44852 
(reference Airbus Service Bulletin A330-52-3044, dated March 2, 
2001) or Airbus Modification 44854.
    --Model A340 series airplanes, excluding those that have 
received Airbus Modification 44852 (reference Airbus Service 
Bulletin A340-52-4054, dated March 2, 2001) or Airbus Modification 
44854.

    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 cracking of the aft cargo compartment 
door, which could result in reduced structural integrity of the 
airplane, accomplish the following:

Inspection

    (a) Before the accumulation of 12,000 total flight cycles, 
perform a detailed visual inspection to detect cracking of the aft 
cargo compartment door, in accordance with Airbus Service Bulletin 
A330-52-3043 (for Model A330 series airplanes) or A340-52-4053 (for 
Model A340 series airplanes), both dated March 2, 2001; as 
applicable. Perform applicable follow-on and corrective actions at 
the applicable threshold in accordance with the applicable service 
bulletin, except as required by paragraph (b) of this AD. Repeat the 
inspection thereafter at least every 4,000 flight cycles.

    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.''

    (b) If any crack is found during any inspection required by 
paragraph (a) of this AD, and the applicable service bulletin 
specifies to contact Airbus for appropriate action: Prior to further 
flight, repair per a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction Generale de l'Aviation Civile (DGAC) (or its 
delegated agent).

Optional Terminating Action

    (c) Modification of the aft cargo compartment door terminates 
the repetitive inspections required by this AD, if the modification 
is accomplished in accordance with Airbus Service Bulletin A330-52-
3044 (for Model A330 series airplanes) or A340-52-4054 (for Model 
A340 series airplanes), both dated March 2, 2001; as applicable.

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. 
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 3:
    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 
Secs. 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.

Incorporation by Reference

    (f) Except as required by paragraph (b) of this AD: The 
inspection must be done in accordance with Airbus Service Bulletin 
A330-52-3043, dated March 2, 2001; or Airbus Service Bulletin A340-
52-4053, dated March 2, 2001; as applicable. The modification, if 
accomplished, must be done in accordance with Airbus Service 
Bulletin A330-52-3044, dated March 2, 2001; or Airbus Service 
Bulletin A340-52-4054, dated March 2, 2001; 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 4:
    The subject of this AD is addressed in French airworthiness 
directives 2001-126(B) and 2001-124(B), both dated April 4, 2001.

Effective Date

    (g) This amendment becomes effective on August 21, 2001.

    Issued in Renton, Washington, on July 26, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-19257 Filed 8-3-01; 8:45 am]
BILLING CODE 4910-13-U