[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Rules and Regulations]
[Pages 32247-32249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12822]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 111 / Wednesday, June 9, 2004 / Rules 
and Regulations  

[[Page 32247]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-183-AD; Amendment 39-13660; AD 2004-12-01]
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: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A330-202, -203, -223, and -243 
airplanes, and A330-300 series airplanes, that requires 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: Effective July 14, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 14, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A330-202, -
203, -223, and -243 airplanes, and A330-300 series airplanes, was 
published in the Federal Register on March 11, 2004 (69 FR 11552). That 
action proposed to require modification of the center box junction and 
upper sections of the center fuselage to reinforce the frame base 
junction, and related corrective action.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Requests To Change Compliance Time

    One commenter asks that the compliance times specified in 
paragraphs (a)(1) and (a)(2) of the proposed AD be changed to specify, 
``since the first flight of the airplane,'' as mandated in the 
airworthiness directive issued by the Direction G[eacute]n[eacute]rale 
de l'Aviation Civile (DGAC), which is the airworthiness authority for 
France. The commenter states that the first flight of the airplane 
should be the starting point to record and count flight hours and 
flight cycles, as recorded in the logbooks for the airframe and 
engines. The commenter adds that it should be the first flight after 
delivery of the airplane to the first operator.
    The FAA does not agree. The justification for the difference 
between the proposed AD and the DGACs airworthiness directive, as 
specified in the ``Differences'' section of the proposed AD, is the 
following: ``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.'' We have not changed the AD in this regard.
    The same commenter asks that the effective date for the compliance 
time specified in paragraphs (a)(1)(ii) and (a)(2)(ii) of this proposed 
AD be changed to match the effective date of the airworthiness 
directive issued by the DGAC. The DGAC airworthiness directive was 
effective on November 9, 2002.
    We do not agree. We do not express compliance times in terms of 
calendar dates unless engineering analysis establishes a direct 
relationship between the date and either the compliance threshold or 
the grace period. Additionally, in consideration of the average 
utilization rate by the affected U.S. operators, and the practical 
aspects of an orderly modification of the U.S. fleet during regular 
maintenance periods, we have determined that a grace period of 6 months 
after the effective date of this AD, is appropriate.
    Another commenter asks that the 6-month grace period specified in 
paragraph (a)(2)(ii) of the proposed AD, for airplanes beyond the 
compliance threshold specified in paragraph (a)(2)(i) of the proposed 
AD, be extended to 18 months. The commenter states that it anticipates 
incorporation of the subject modification during upcoming C-checks, and 
that an 18-month compliance time would align with those maintenance 
checks. The commenter adds that if an operator has already accumulated 
more than 11,400 total flight cycles or 33,100 total flight hours on 
the airplane, the operator may be forced to do the subject modification 
outside of a heavy maintenance environment, which would extend the out-
of-service time. The commenter notes that extending the grace period to 
18 months would allow for accomplishment of the modification without 
specially scheduled downtime outside of scheduled maintenance.

[[Page 32248]]

    We do not agree. In developing an appropriate compliance time for 
this action, we considered the safety implications, operators' normal 
maintenance schedules, and the compliance time recommended by the 
airplane manufacturer for the timely accomplishment of the required 
actions. In consideration of these items, we have determined that a 
grace period of 6 months will ensure an acceptable level of safety and 
is an appropriate interval of time wherein the required actions can be 
accomplished during scheduled maintenance intervals for the majority of 
affected operators. However, according to the provisions of paragraph 
(d) of this AD, we may approve requests to adjust the compliance time 
if the request includes data that justify that a different compliance 
time would provide an acceptable level of safety. We have not changed 
the AD in this regard.

Explanation of Change to Final Rule

    The number of affected airplanes has changed since issuance of the 
proposed AD; therefore, we have changed the Cost Impact section in this 
final rule to reflect the correct number of airplanes.

Conclusion

    We have carefully reviewed the available data and have determined 
that air safety and the public interest require adopting the AD with 
the change previously described. We have determined that this change 
will not significantly increase the economic burden on any operator or 
increase the scope of the AD.

Cost Impact

    We estimate that 16 airplanes of U.S. registry will be affected by 
this AD, that it will take about 67 work hours per airplane to do the 
modification, and that the average labor rate is $65 per work hour. 
Required parts will cost about $1,420 per airplane. Based on these 
figures, the cost impact of the modification required by this AD on 
U.S. operators is estimated to be $92,400, or $5,775 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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.

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 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-12-01 Airbus: Amendment 39-13660. 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 original 
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 original 
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) 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.

Incorporation by Reference

    (e) Unless otherwise provided in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A330-53-3126, 
Revision 01, dated March 19, 2003. 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. 
Copies may be inspected at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton,

[[Page 32249]]

Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (f) This amendment becomes effective on July 14, 2004.

    Issued in Renton, Washington, on May 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-12822 Filed 6-8-04; 8:45 am]
BILLING CODE 4910-13-P