[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52184-52187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19725]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0061; Directorate Identifier 2013-NM-029-AD; 
Amendment 39-17949; AD 2014-16-25]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2007-06-12 for 
certain Airbus Model A330-200 and A330-300 airplanes. This new AD 
reduces the compliance times for reinforcing the structure of the 
center fuselage. This AD was prompted by a new fatigue and damage 
tolerance evaluation that revealed the compliance time for an existing 
reinforcement of the fuselage has to be reduced. We are issuing this AD 
to prevent fatigue cracking of the fuselage, which could result in 
reduced structural integrity of the fuselage.

DATES: This AD becomes effective October 8, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 8, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0061; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS, 
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; 
email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2007-06-12, Amendment 39-14993 (72 FR 12555, 
March 16, 2007). AD 2007-06-12 applied to certain Airbus Model A330-200 
and A330-300 airplanes. The NPRM published in the Federal Register on 
February 27, 2014 (79 FR 11016).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0016, dated January 16, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A330-200 and A330-300 airplanes. The MCAI states:

    During the fatigue tests (EF2) of the Airbus A330 test fuselage, 
initiation and development of cracks were evidenced at the 
circumferential joint of frame 53.3.
    This condition, if not corrected, could lead to a reduction in 
the structural integrity of the fuselage.
    EASA issued AD 2006-0266 [(http://ad.easa.europa.eu/blob/easa_ad_2006_0266_Superseded.pdf/AD_2006-0266_1), which corresponds to FAA AD 2007-
06-12, Amendment 39-14993 (72 FR 12555, March 16, 2007)], which took 
over the requirements of Direction G[eacute]n[eacute]rale de 
L'aviation Civile [DGAC] France AD F-2003-415 for A330-300 pre-mod 
41652S11819, and required reinforcement of the circumferential joint 
of frame 53.3 by application of Airbus Service Bulletin (SB) A330-
53-3143 on A330-300 post modification 41652S11819 and pre-mod 49202, 
and all A330-200 pre-mod 49202 in order to improve the fatigue life.
    Since that [EASA] AD was issued, in the frame of a new fatigue 
and damage tolerance evaluation taking into account the aeroplane 
utilisation, the thresholds for the reinforcement were reassessed 
and the conclusion is that some thresholds must be reduced.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2006-0266, which is superseded, and requires 
reinforcement of structure of the centre fuselage at the upper 
circumferential joint of frame 53.3 within the new thresholds.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0061-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 11016, February 27, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 11016, February 27, 2014), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 11016, February 27, 
2014) about these proposed changes. However, a comment was provided for 
an NPRM

[[Page 52185]]

having Directorate Identifier 2012-NM-101-AD (78 FR 78285, December 26, 
2013). The commenter stated the following: ``The proposed wording, 
being specific to repairs, eliminates the interpretation that Airbus 
messages are acceptable for approving minor deviations (corrective 
actions) needed during accomplishment of an AD mandated Airbus service 
bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by the State of Design Authority for the 
DAH throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 11016, February 27, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 11016, February 27, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 9 airplanes of U.S. registry.
    We estimate that it will take about 327 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $17,850 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be up to $410,805, or up to $45,645 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

[[Page 52186]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0061; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this AD, the 
regulatory evaluation, any comments received, and other information. 
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2007-06-12, Amendment 39-14993 (72 FR 12555, March 16, 2007), and 
adding the following new AD:

2014-16-25 Airbus: Amendment 39-17949. Docket No. FAA-2014-0061; 
Directorate Identifier 2013-NM-029-AD.

(a) Effective Date

    This AD becomes effective October 8, 2014.

(b) Affected ADs

    This AD replaces AD 2007-06-12, Amendment 39-14993 (72 FR 12555, 
March 16, 2007).

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, and 
-243 airplanes; and Model A330-301, -321, -322, -323, -341, -342, 
and -343 airplanes, certificated in any category, except those on 
which Airbus Modification 49202 has been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a new fatigue and damage tolerance 
evaluation that concluded the compliance time for an existing 
reinforcement of the fuselage has to be reduced. We are issuing this 
AD to prevent fatigue cracking of the fuselage, which could result 
in reduced structural integrity of the fuselage.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Installation for Model A330-300 Series Airplanes

    For Airbus Model A330-301, A330-321, A330-322, A330-323, A330-
341, A330-342, and A330-343 airplanes, except those on which Airbus 
Modification 41652S11819 has been incorporated in production: At the 
time specified in paragraph (g)(1) or (g)(2) of this AD, whichever 
occurs later, install butt straps at FR53.3 on the fuselage skin 
between left-hand (LH) and right-hand (RH) stringer (STR) 13, and do 
all related investigative and corrective actions before further 
flight. Except as provided by paragraph (h) of this AD, do all 
actions in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-53-3127, Revision 02, including Appendix 01, 
dated December 7, 2011.
    (1) At the applicable time specified in paragraph (g)(1)(i) or 
(g)(1)(ii) of this AD.
    (i) For airplanes with a short-range mission as specified in 
Airbus Service Bulletin A330-53-3127, Revision 02, including 
Appendix 01, dated December 7, 2011: Within 15,300 flight cycles or 
46,100 flight hours, whichever occurs first, after the first flight 
of the airplane.
    (ii) For airplanes with a long-range mission as specified in 
Airbus Service Bulletin A330-53-3127, Revision 02, including 
Appendix 01, dated December 7, 2011: Within 13,200 flight cycles or 
79,300 flight hours, whichever occurs first after the first flight 
of the airplane.
    (2) Within 24 months after the effective date of this AD, but 
not to exceed 14,700 total flight cycles or 51,400 total flight 
hours, whichever occurs earlier.

(h) Corrective Actions

    For Airbus Model A330-301, -321, -322, -323, -341, -342, and -
343 airplanes, except those on which Airbus Modification 41652S11819 
has been incorporated in production: If any crack is detected during 
the related investigative actions (rototest) required by paragraph 
(g) of this AD, before further flight, repair using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(i) Installation for Model A330-200 and -300 Series Airplanes

    For airplanes specified in paragraph (c) of this AD on which 
Airbus Modification 41652S11819 has been embodied in production: At 
the time specified in paragraph (i)(1) or (i)(2) of this AD, 
whichever occurs later, install butt straps at FR53.3 on the 
fuselage skin between LH and RH STR13; and do all related 
investigative and other specified actions before further flight, as 
applicable. Do all actions in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-53-3143, Revision 05, 
dated May 29, 2012, including Appendix 1; except, if any crack is 
detected during a related investigative action (rototest), before 
further flight, repair the crack using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA); or 
Airbus's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (1) At the applicable times specified in the ``threshold'' 
column of the table in 1.E. ``Compliance'' of Airbus Service 
Bulletin A330-53-3143, Revision 05, including Appendix 01, dated May 
29, 2012. Where paragraph 1.E. ``Compliance'' of Airbus Service 
Bulletin A330-53-3143, Revision 05, dated May 29, 2012, specifies a 
time in the ``threshold'' column, this AD requires compliance within 
the corresponding times after the first flight of the airplane.
    (2) Within 24 months after the effective date of this AD, but 
not to exceed 17,600 total flight cycles or 61,600 total flight 
hours, whichever occurs earlier.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A330-53-
3127, Revision 01, including Appendix 01, dated November 21, 2003, 
which was incorporated by reference in AD 2005-20-07, Amendment 39-
14300 (70 FR 57732, October 4, 2005).
    (2) This paragraph provides credit for actions required by 
paragraph (i) of this AD if those actions were performed before the 
effective date of this AD using any service information specified in 
paragraphs (j)(2)(i) through (j)(2)(v) of this AD.
    (i) Airbus Service Bulletin A330-53-3143, including Appendix 01, 
dated December 24, 2004, which is not incorporated by reference in 
this AD.
    (ii) Airbus Service Bulletin A330-53-3143, Revision 01, 
including Appendix 01, dated June 29, 2006, which was incorporated 
by reference in AD 2007-06-12, Amendment 39-14993 (72 FR 12555, 
March 16, 2007).
    (iii) Airbus Service Bulletin A330-53-3143, Revision 02, 
including Appendix 01, dated August 31, 2010, which is not 
incorporated by reference in this AD.
    (iv) Airbus Service Bulletin A330-53-3143, Revision 03, 
including Appendix 01, dated March 3, 2011, which is not 
incorporated by reference in this AD.
    (v) Airbus Service Bulletin A330-53-3143, Revision 04, including 
Appendix 01, dated December 6, 2011, which is not incorporated by 
reference in this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested

[[Page 52187]]

using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the International Branch, send it to ATTN: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information 
may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office. The AMOC approval letter must specifically 
reference this AD.
    (ii) AMOCs approved previously for AD 2007-06-12, Amendment 39-
14993 (72 FR 12555, March 16, 2007), are approved as AMOCs for the 
corresponding provisions of paragraph (i) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0016, dated January 16, 
2013, for related information. You may examine the MCAI in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0061-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-53-3127, Revision 02, dated 
December 7, 2011, including Appendix 01.
    (ii) Airbus Service Bulletin A330-53-3143, Revision 05, dated 
May 29, 2012, including Appendix 01.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80; email [email protected]; 
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 7, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19725 Filed 9-2-14; 8:45 am]
BILLING CODE 4910-13-P