[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11552-11554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5519]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-183-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-202, -203, -223, and 
-243 Airplanes, and A330-300 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 A330-202, -
203, -223, and -243 airplanes, and A330-300 series airplanes. This 
proposal would require modification of the center box junction and 
upper sections of the center fuselage to reinforce the frame base 
junction, and related corrective action. This action is necessary to 
prevent fatigue cracking, which could result in reduced structural 
integrity of the fuselage. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by April 12, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-183-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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-183-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus, 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: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; 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 action may be changed in 
light of the comments received.
    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.

[[Page 11553]]

     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 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-183-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. 2003-NM-183-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 A330-202, -203, -
223, and -243 airplanes, and A330-300 series airplanes. The DGAC 
advises that, during fatigue testing, cracking initiated and propagated 
in the center box junction and upper section of the fuselage between 
frame (FR) 40.3 and FR 45 at stringers 26 through 29. Such cracking, if 
not corrected, could result in reduced structural integrity of the 
fuselage.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A330-53-3126, Revision 01, dated 
March 19, 2003, which describes procedures for modification of the 
center box junction and upper bent sections of the center fuselage, 
between FR 40.3 and FR 45 at stringers 26 through 29, on the left and 
right sides of the airplane, and related corrective action. This 
modification includes performing rotating probe inspections for 
cracking of certain fastener holes, drilling and reaming certain 
fastener holes (as a follow-on action for uncracked fastener holes), 
cold-working certain fastener holes, and replacing certain existing 
fasteners with improved fasteners. The service bulletin also specifies 
contacting Airbus for repair if any cracking is found during 
accomplishment of the modification. 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 2002-528(B), 
dated October 30, 2002, to ensure 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 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept us informed of the 
situation described above. We have examined the findings of the DGAC, 
reviewed all available information, and determined that this 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 bulletin described previously, 
except as discussed below.

Differences Among This Proposed AD, French Airworthiness Directive and 
Service Bulletin

    For Model A330-301, -322, -321, -341, and -342 airplanes, the 
French airworthiness directive and the service bulletin specify doing 
the modification of the center box junction and upper sections of the 
center fuselage before the accumulation of 13,500 flight cycles or 
39,200 flight hours ``since the first flight of the airplane, whichever 
is first.'' For Model A330-202, -203, -223, -243, -323, and -343 
airplanes, the modification is to be done before the accumulation of 
11,400 flight cycles or 33,100 flight hours ``since the first flight of 
the airplane, whichever is first.''
    This proposed AD would require accomplishment of the modification 
at the following times: For Model A330-301, -322, -321, -341, and -342 
airplanes, ``Before the accumulation of 13,500 total flight cycles or 
39,200 total flight hours since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever is first.'' For Model A330-202, 
-203, -223, -243, -323, and -343 airplanes, ``Before the accumulation 
of 11,400 total flight cycles or 33,100 total flight hours since the 
date of issuance of the original Airworthiness Certificate or the date 
of issuance of the Export Certificate of Airworthiness, whichever is 
first.'' These compliance times include a grace period of 6 months 
after the effective date of the AD. This decision is based on our 
determination that ``since the first flight of the airplane'' may be 
interpreted differently by different operators. We find that our 
proposed terminology is generally understood within the industry and 
records will always exist that establish these dates with certainty. In 
addition, we have determined that a 6-month grace period will ensure an 
acceptable level of safety and is an appropriate interval of time 
wherein the modification can be accomplished during scheduled 
maintenance intervals for the majority of affected operators.
    The service bulletin specifies that operators may contact Airbus 
for disposition of certain repair conditions, but this proposed AD 
would require 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 would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that a repair approved by either the FAA 
or the DGAC would be acceptable for compliance with this proposed AD.

Cost Impact

    The FAA estimates that 9 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take about 67 work hours 
per airplane to do the proposed modification, and that the average 
labor rate is $65 per work hour. Required parts would cost about $1,420 
per airplane. Based on these figures, the cost impact of the 
modification proposed by this AD on U.S. operators is estimated to be 
$51,975, or $5,775 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific

[[Page 11554]]

actions actually required by the AD. These figures typically do not 
include incidental costs, such as the time required to gain access and 
close up, planning time, or time necessitated by other administrative 
actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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: Docket 2003-NM-183-AD.

    Applicability: A330-202, -203, -223, and -243 airplanes, and 
A330-300 series airplanes; certificated in any category; on which 
Airbus Modification 49404 has not been done.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking, which could result in reduced 
structural integrity of the fuselage, accomplish the following:

Modification

    (a) Modify the center box junction and upper bent sections of 
the center fuselage, between frame (FR) 40.3 and FR 45 at stringers 
26 through 29, on the left and right sides of the airplane, by doing 
all the actions per the Accomplishment Instructions of Airbus 
Service Bulletin A330-53-3126, Revision 01, dated March 19, 2003. Do 
the modification at the times specified in paragraphs (a)(1) and 
(a)(2) of this AD.
    (1) For Model A330-301, -322, -321, -341, and -342 airplanes: Do 
the modification at the later of the times specified in paragraphs 
(a)(1)(i) and (a)(1)(ii) of this AD.
    (i) Before the accumulation of 13,500 total flight cycles or 
39,200 total flight hours since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever is first.
    (ii) Within 6 months after the effective date of this AD.
    (2) For Model A330-202, -203, -223, -243, -323, and -343 
airplanes: Do the modification at the later of the times specified 
in paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
    (i) Before the accumulation of 11,400 total flight cycles or 
33,100 total flight hours since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever is first.
    (ii) Within 6 months after the effective date of this AD.

Previously Accomplished Actions

    (b) Accomplishment of the modification per Airbus Service 
Bulletin A330-53-3126, dated October 18, 2002, is considered 
acceptable for compliance with the modification required by 
paragraph (a) of this AD.

Repair

    (c) If any crack is found during accomplishment of the 
modification required by paragraph (a) of 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.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2002-528(B), dated October 30, 2002.


    Issued in Renton, Washington, on March 2, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5519 Filed 3-10-04; 8:45 am]
BILLING CODE 4910-13-P