[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17084-17086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7359]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-256-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330, A340-200, and A340-
300 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, A340-
200, and A340-300 series airplanes. This proposal would require initial 
and repetitive inspections of certain frame stiffeners to detect 
cracking. If any cracking is found, this proposal would require 
replacement of the stiffener with a new, reinforced stiffener. 
Replacement of the stiffener would constitute terminating action for 
certain inspections. This proposal would also require a one-time 
inspection of any new, reinforced stiffeners; and repair or replacement 
of the new, reinforced stiffener if any cracking is found during the 
one-time inspection. This proposal also provides for an optional 
terminating action for certain requirements of this AD. This action is 
necessary to prevent fatigue failure of certain frame stiffener 
fittings, which could result in reduced structural integrity of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by May 3, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-256-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-256-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 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: 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.
     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-256-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-256-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, A340-200, and A340-
300 series airplanes. The DGAC advises that, during a scheduled 
inspection, cracks were detected at the upper horizontal flange of the 
frame 12A stiffener fitting at the level of the floor cross beam 
attachment on both the left-hand and right-hand sides of the airplane. 
These cracks were caused by a high level of longitudinal forces at the 
fitting, which

[[Page 17085]]

came from cabin pressurization and bending induced by thermal effects. 
This condition, if not corrected, could result in fatigue failure of 
the fitting, which could result in reduced structural integrity of the 
airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A330-53-3135, Revision 01, dated 
July 7, 2003; and Service Bulletin A340-53-4141, Revision 01, dated 
July 7, 2003. These service bulletins describe procedures for 
conducting a high-frequency eddy current (HFEC) inspection of the FR12A 
stiffener fitting to detect cracking. These service bulletins permit 
further flight with stiffeners that are cracked within certain limits.
    For airplanes on which no cracking is detected, these service 
bulletins describe procedures for repeating the HFEC inspection for 
each side on which no cracking is found, until replacement of the FR12A 
stiffener fitting with a new, reinforced fitting.
    For airplanes on which cracking is found, these service bulletins 
describe procedures for replacing the damaged stiffener with a new, 
reinforced stiffener fitting; and for conducting a final HFEC 
inspection of the stiffener fitting at a specified interval following 
the installation. This replacement eliminates the need for the 
repetitive inspections described previously, only for the side on which 
the replacement is made.
    Accomplishment of the actions specified in these service bulletins 
is intended to adequately address the identified unsafe condition. The 
DGAC classified these service bulletins as mandatory and issued French 
airworthiness directives 2003-205(B), dated May 28, 2003, and 2003-
206(B), dated May 28, 2003, to ensure the continued airworthiness of 
these airplanes in France.
    Airbus has also issued Service Bulletin A330-53-3130, Revision 01, 
dated October 10, 2003; and Service Bulletin A340-53-4137, Revision 01, 
dated October 10, 2003. These service bulletins describe procedures for 
replacing the FR12A stiffeners with new, reinforced stiffeners; 
installing new, reinforced junction fittings between FR12A/FR13 and 
FR13/FR13A at the stringer 26 level; and installing a new shear web 
that joins the fitting to the cabin floor track. This replacement 
eliminates the need for the repetitive inspections and the final HFEC 
inspection described previously, only for the side on which the 
replacement is made.

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 Airbus Service Bulletins A330-53-3135, and 
A340-53-4141, described previously, except as discussed below. This 
proposed AD also would provide for optional terminating action for 
certain repetitive inspections.
    Consistent with the findings of the DGAC, the proposed AD would 
allow repetitive inspections to continue in lieu of the terminating 
action. In making this determination, we considered that long-term 
continued operational safety in this case will be adequately ensured by 
repetitive inspections to detect cracking before it represents a hazard 
to the airplane.

Differences Among the Proposed Rule, the Service Bulletins, and the 
French Airworthiness Directives

    Although the French airworthiness directives and Service Bulletins 
A330-53-3135 and A340-53-4141 recommend accomplishing the initial 
inspection before the accumulation of 13,000 total flight cycles, we 
find that a compliance time of within 13,000 flight cycles or 6 months 
after the effective date of the proposed AD, whichever occurs later, 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety. In developing an 
appropriate compliance time for this proposed AD, we considered the 
degree of urgency associated with the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection (4 hours).
    Operators should note that, unlike the procedures described in 
Service Bulletins A330-53-3135 and A340-53-4141, this proposed AD would 
not permit further flight with any cracking detected in the fittings. 
The FAA has determined that, due to the safety implications and 
consequences associated with such cracking, all fittings that are 
cracked must be replaced prior to further flight.
    Although the service bulletins specify that operators may contact 
the manufacturer for disposition of certain conditions, this proposal 
would require operators to repair those conditions or replace per a 
method approved by either the FAA or the DGAC (or its delegated agent). 
In light of the type of repair or replacement that would be required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this proposed 
AD, a repair or replacement approved by either the FAA or the DGAC 
would be acceptable for compliance with this proposed AD.
    Although the Accomplishment Instructions of Service Bulletins A330-
53-3135 and A330-53-4141 describe procedures for submitting certain 
information to the manufacturer, this proposed AD would not require 
those actions.

Cost Impact

    The FAA estimates that 9 Model A330 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
4 work hours per airplane to accomplish the proposed inspection, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $2,340, or $260 per airplane, per inspection cycle.
    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 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.
    If an operator chooses to do the optional terminating action rather 
than continue the repetitive inspections, it would take about 74 work 
hours per airplane to accomplish the installations, at an average labor 
rate of $65 per work hour. Required parts would cost about

[[Page 17086]]

$7,860 per airplane. Based on these figures, we estimate the cost of 
this optional terminating action to be $12,670 per airplane.
    Currently, there are no affected Model A340-200 or A340-300 series 
airplanes on the U.S. Register. However, if an affected airplane is 
imported and placed on the U.S. Register in the future, it would take 
approximately 4 work hours to accomplish the proposed inspection, at an 
average labor rate of $65 per work hour. Based on these figures, we 
estimate the cost of this AD to be $260 per airplane, per inspection 
cycle.

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-256-AD.

    Applicability: Model A330 series airplanes; and Model A340-200 
and A340-300 series airplanes; except those on which Airbus 
Modification 49694 has been installed; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue failure of certain frame stiffener fittings, 
which could result in reduced structural integrity of the airplane, 
accomplish the following:

Initial and Repetitive Inspections

    (a) Within 13,000 flight cycles or 6 months after the effective 
date of this AD, whichever occurs later: Conduct a high-frequency 
eddy current (HFEC) inspection for cracking of the FR12A stiffener 
fitting in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-53-3135, Revision 01, dated July 7, 2003 (for 
Model A330 series airplanes); or Airbus Service Bulletin A340-53-
4141, Revision 01, dated July 7, 2003 (for Model A340-200 and A340-
300 series airplanes); as applicable. Repeat the inspection at 
intervals not to exceed 10,000 flight cycles until the replacement 
required by paragraph (b) of this AD is accomplished; or until the 
optional terminating action in paragraph (d) of this AD is 
accomplished. The actions in paragraphs (b) and (d) of this AD 
constitute terminating action for the repetitive inspections only 
for the side on which the actions are taken.

Replacement

    (b) If any crack is detected during any inspection required by 
paragraph (a) of this AD: Before further flight, replace the 
affected FR12A stiffener with a new reinforced FR12A stiffener in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-53-3135, Revision 01, dated July 7, 2003 (for Model 
A330 series airplanes); or Airbus Service Bulletin A340-53-4141, 
Revision 01 (for Model A340-200 and A340-300 series airplanes); as 
applicable. Replacement of the stiffener constitutes terminating 
action for the repetitive inspections required by paragraph (a) of 
this AD, only for the side on which the replacement is made.

Follow-On Inspection

    (c) For airplanes on which a new, reinforced stiffener is 
installed in accordance with paragraph (b) of this AD: Within 14,600 
flight cycles following the installation, perform an HFEC inspection 
of the FR12A stiffener fitting for cracking in accordance with 
Airbus Service Bulletin A330-53-3135, Revision 01, dated July 7, 
2003; or Airbus Service Bulletin A340-53-4141, Revision 01, dated 
July 7, 2003; as applicable. If any crack is detected, before 
further flight, repair or replace the new reinforced stiffener with 
a new fitting in a manner approved by either the Manager, 
International Branch, ANM-116, FAA; or the DGAC (or its delegated 
agent).

Optional Terminating Action

    (d) Replacement of the FR12A stiffeners with new, reinforced 
stiffeners; installation of new reinforced junction fittings between 
FR12A/FR13 and FR13/FR13A at the stringer 26 level; and installation 
of a new shear web that joins the fitting to the cabin floor track; 
per the Accomplishment Instructions of Airbus Service Bulletin A330-
53-3130, Revision 01, dated October 10, 2003; or A340-53-4137, 
Revision 01, dated October 10, 2003; as applicable; constitutes 
terminating action for the inspection requirements of paragraphs (a) 
and (c) of this AD, only for the side on which the replacement and 
installations are made.

Actions Accomplished Per Previous Issues of Service Bulletins

    (e) Actions accomplished before the effective date of this AD 
per Airbus Service Bulletins A330-53-3130, dated May 26, 2003; A330-
53-3135, dated May 26, 2003; A340-53-4137, dated May 26, 2003; or 
A340-53-4137, dated May 26, 2003; are considered acceptable for 
compliance only with the following requirements of this AD: The HFEC 
inspections required by paragraph (a) of this AD, the replacement 
required by paragraph (b) of this AD, and the actions in paragraph 
(d) of this AD.

No Reporting Requirements

    (f) Although the Accomplishment Instructions of Airbus Service 
Bulletin A330-53-3135, Revision 01, dated July 7, 2003; and Airbus 
Service Bulletin A340-53-4141, Revision 01, dated July 7, 2003; 
describe procedures for submitting certain information to the 
manufacturer, this AD does not require those actions.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

    Note 1: The subject of this AD is addressed in French 
airworthiness directives 2003-205(B), dated May 28, 2003; and 2003-
206(B), dated May 28, 2003.


    Issued in Renton, Washington, on March 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7359 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-U