[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Proposed Rules]
[Pages 317-319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-50]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19982; Directorate Identifier 2004-NM-142-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-223, -321, -322, and 
-323 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Model A330-223, -321, -322, and -323 airplanes. This 
proposed AD would require repetitive inspections of the firewall of the 
lower aft pylon fairing (LAPF), and corrective actions if necessary. 
This proposed AD is prompted by reports of cracking of the LAPF 
firewall. We are proposing this AD to detect and correct this cracking, 
which could reduce the effectiveness of the firewall and result in an 
uncontrolled engine fire.

DATES: We must receive comments on this proposed AD by February 3, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2004-19982; the directorate identifier for this docket is 
2004-NM-142-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19982; 
Directorate Identifier 2004-NM-142-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all Airbus Model A330-223, -321, -322, 
and -323 airplanes. The DGAC advises that cracks have been found in the 
firewall of the lower aft pylon fairing (LAPF) on several airplanes. 
This firewall is intended to contain an engine fire inside the engine 
core compartment. Cracking of the firewall, if not corrected, could 
reduce the effectiveness of the firewall and result in an uncontrolled 
engine fire.

Relevant Service Information

    Airbus has issued Service Bulletin A330-54-3021, dated February 4, 
2004. The service bulletin describes procedures for performing 
repetitive detailed visual inspections for cracking of the LAPF 
firewall on the left and right sides of the airplane. If any cracking 
is found, the service bulletin describes procedures for corrective 
actions. The corrective actions include, depending on the size of the 
crack, stop-drilling the crack and applying sealant, repairing the 
firewall, or replacing the firewall with a new firewall. The DGAC 
mandated the service information and issued French airworthiness 
directive F-2004-028 R1, dated September 15, 2004, to ensure the 
continued airworthiness of these airplanes in France. The service 
bulletin also specifies to report inspection findings to the airplane 
manufacturer.
    The Airbus service bulletin refers to Pratt & Whitney Alert Service 
Bulletin PW4G-100-A54-5, dated February 13, 2003, as an additional 
source of service information for doing the inspection and corrective 
actions.

FAA's Determination and Requirements of the Proposed AD

    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. According to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.

[[Page 318]]

    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Among 
Proposed AD, DGAC Action, and Airbus Service Bulletin.''

Clarification of Inspection Terminology

    The Airbus service bulletin refers to a ``detailed visual 
inspection'' for cracking of the LAPF firewall on the left and right 
sides of the airplane. This proposed AD refers to this inspection as a 
``detailed inspection.'' Note 1 of this proposed AD defines this type 
of inspection.

Differences Among Proposed AD, DGAC Action, and Airbus Service Bulletin

    The French airworthiness directive and Airbus service bulletin 
allow continued flight with known cracks. We accept the provision 
allowing continued flight with an unrepaired crack that is less than or 
equal to 1.2 inches long. This provision is acceptable to us because 
Airbus has provided data showing that the LAPF firewall has no 
structural function for pylon integrity and retains fireproof 
capability with a crack that is less than or equal to 1.2 inches long. 
However, we do not accept the provision allowing continued flight with 
an unrepaired firewall that has a crack greater than 1.2 inches long. 
Airbus has not provided data showing that the fireproof capability is 
retained with a crack greater than 1.2 inches long. Thus, this proposed 
AD would require that, if any crack in the LAPF firewall is found that 
is greater than 1.2 inches long, the LAPF firewall must be repaired or 
replaced with a new firewall, as applicable, before further flight 
after the crack is found. This difference has been coordinated with the 
DGAC, and it expressed no concern with our action.
    The French airworthiness directive specifies to report inspection 
results to the airplane manufacturer. However, this proposed AD would 
require reporting inspection results to the airplane manufacturer only 
when cracking is found.

Interim Action

    We consider this proposed AD interim action. If final action is 
later identified, we may consider further rulemaking then.

Costs of Compliance

    This proposed AD would affect about 20 airplanes of U.S. registry. 
The proposed actions would take about 2 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $2,600, or $130 
per airplane, per inspection cycle.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Airbus: Docket No. FAA-2004-19982; Directorate Identifier 2004-NM-
142-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by February 3, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-223, -321, -322, 
and -323 airplanes; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of cracking of the firewall 
of the lower aft pylon fairing (LAPF). We are issuing this AD to 
detect and correct this cracking, which could reduce the 
effectiveness of the firewall and result in an uncontrolled engine 
fire.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections

    (f) Prior to the accumulation of 3,000 total flight hours on the 
LAPF, or within 500 flight hours after the effective date of this 
AD, whichever is later: Perform a detailed inspection for cracking 
of the LAPF firewall, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-54-3021, including 
Appendix 01, dated February 4, 2004. If no cracking is found, repeat 
the inspection thereafter at intervals not to exceed 1,000 flight 
hours.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``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.''


    Note 2: Airbus Service Bulletin A330-54-3021, dated February 4, 
2004, refers to Pratt & Whitney Alert Service Bulletin PW4G-100-A54-
5, dated February 13, 2003, as an additional source of service 
information for doing the inspection and corrective actions.


[[Page 319]]



Corrective Actions and Repetitive Inspections (Cracking Found)

    (g) If any crack is found during any inspection required by 
paragraph (f) of this AD, do paragraph (g)(1) or (g)(2) of this AD.
    (1) If the crack is less than or equal to 1.2 inches long: 
Before further flight, stop-drill the crack and apply sealants, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-54-3021, including Appendix 01, dated February 4, 
2004, or do paragraph (h) of this AD. If the crack is stop-drilled 
and sealants applied, then repeat the inspection required by 
paragraph (f) of this AD at intervals not to exceed 500 flight 
hours, and do paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as 
applicable.
    (i) During the repeat inspections required by paragraph (g)(1) 
of this AD, if the existing crack does not extend to be longer than 
1.2 inches, and no additional crack is found: Within 4,600 flight 
cycles after the crack is initially found, do paragraph (h) of this 
AD.
    (ii) During any repeat inspection required by paragraph (g)(1) 
of this AD, if any crack that was previously less than or equal to 
1.2 inches long is found to have extended to be greater than 1.2 
inches long; or if an additional crack is found: Before further 
flight, do paragraph (h) of this AD.
    (2) If any crack is found that is greater than 1.2 inches long: 
Before further flight, do paragraph (h) of this AD.

    Note 3: This AD does not allow continued flight with a known 
crack that is greater than 1.2 inches long.

Repair or Replacement of Firewall

    (h) If any crack is found: At the applicable time specified in 
paragraph (g) of this AD, repair the LAPF firewall or replace the 
LAPF firewall with a new firewall, as applicable, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A330-54-
3021, including Appendix 01, dated February 4, 2004. Then, within 
3,000 flight hours after replacement of the LAPF firewall, inspect 
the firewall in accordance with paragraph (f) of this AD.

    Note 4: There is no terminating action at this time for the 
inspections required by this AD.

Reporting Requirement

    (i) If any crack is found during any inspection required by this 
AD: Submit a report of the findings to Airbus, Department AI/SE-E5, 
1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Submit 
the report at the applicable time specified in paragraph (i)(1) or 
(i)(2) of this AD. The report must include the inspection results, a 
description of any discrepancies found, the airplane serial number, 
and the number of landings and flight hours on the airplane. 
Submitting Appendix 01 of Airbus Service Bulletin A330-54-3021, 
dated February 4, 2004, is an acceptable means of accomplishing this 
requirement. Under the provisions of the Paperwork Reduction Act of 
1980 (44 U.S.C. 3501 et seq.), the Office of Management and Budget 
(OMB) has approved the information collection requirements contained 
in this AD and has assigned OMB Control Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (k) French airworthiness directive F-2004-028 R1, dated 
September 15, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-50 Filed 1-3-05; 8:45 am]
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