[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Rules and Regulations]
[Pages 71529-71532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24855]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / 
Rules and Regulations  

[[Page 71529]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0970; Project Identifier AD-2020-01359-T; 
Amendment 39-21305; AD 2020-22-09]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2001-16-
13, which applied to certain Airbus SAS Model A330 series airplanes. AD 
2001-16-13 required a roto-test inspection of fastener holes of certain 
fuselage joints for cracks, reinforcement of the fuselage between 
certain frames, and, if necessary, a high frequency eddy current (HFEC) 
inspection and repair. As published, the applicability of AD 2001-16-13 
inadvertently identified the model designations as serial numbers. This 
document corrects that error. This new AD requires a roto-test 
inspection of fastener holes of certain fuselage joints for cracks, 
reinforcement of the fuselage, and, if necessary, an HFEC inspection 
and repair. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective November 25, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 25, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
September 7, 2001 (66 FR 44295, August 23, 2001).
    The FAA must receive comments on this AD by December 28, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 
2, 31700 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, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0970.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0970; 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, any comments received, and other information. The 
street address for the Docket Operations office is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued AD 2001-16-13, Amendment 39-12382 (66 FR 44295, 
August 23, 2001) (``AD 2001-16-13''), which applied to certain Model 
A330 series airplanes. AD 2001-16-13 was prompted by a report that 
during fatigue testing on the fuselage, cracks were detected in the 
longitudinal buttstrap at stringer 9, at frame 31, and at frame 37.1. 
AD 2001-16-13 required a roto-test inspection of fastener holes of 
certain fuselage joints for cracks, reinforcement of the fuselage 
between frames 31 and 37.1, and, if necessary, an HFEC inspection and 
repair. The FAA issued AD 2001-16-13 to address fatigue cracking of the 
fuselage longitudinal buttstrap, which could result in reduced 
structural integrity of the fuselage.

Actions Since AD 2001-16-13 Was Issued

    Since the FAA issued AD 2001-16-13, the FAA received a report that 
the applicability of AD 2001-16-13 does not match the applicability of 
the corresponding Direction G[eacute]n[eacute]rale de l'Aviation Civile 
(DGAC) AD: French Airworthiness Directive 2001-075(B), dated March 17, 
2001, which is also referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI.'' The model designations 
identified in the applicability of the MCAI were inadvertently 
identified as serial numbers in the applicability of AD 2001-16-13.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0970.
    This AD was prompted by a report of an error in the applicability 
of AD 2001-16-13. The FAA has determined the applicability must be 
revised to correct the error. There are no affected U.S. registered 
airplanes; however, an affected airplane might be imported and placed 
on the U.S. Register in the future. The FAA is issuing this AD to 
address fatigue cracking of the fuselage longitudinal buttstrap, which 
could result in reduced structural integrity of the fuselage.
    Since the FAA issued AD 2001-16-13, the FAA has reviewed Airbus 
Service Bulletin A330-53-3090, Revision 03, dated December 11, 2002 
(the FAA referred to Airbus Service

[[Page 71530]]

Bulletin A330-53-3090, Revision 02, dated January 9, 2001, as the 
appropriate source of service information for accomplishing the actions 
required by AD 2001-16-13). Airbus Service Bulletin A330-53-3090, 
Revision 03, dated December 11, 2002, clarifies certain inspection 
areas and specifies no additional work is needed for airplanes modified 
by a previous revision. The FAA has determined Airbus Service Bulletin 
A330-53-3090, Revision 03, dated December 11, 2002, is an appropriate 
source of service information for accomplishing the required actions of 
this AD.

Related IBR Material Under 1 CFR Part 51

    Airbus Service Bulletin A330-53-3090, Revision 03, dated December 
11, 2002. This service information describes procedures for a roto-test 
inspection of fastener holes of certain fuselage joints for cracks, 
reinforcement of the fuselage between frames 31 and 37.1, and, if 
necessary, an HFEC inspection.
    This AD also requires Airbus Service Bulletin A330-53-3090, 
Revision 02, dated January 9, 2001, which the Director of the Federal 
Register approved for incorporation by reference as of September 7, 
2001 (66 FR 44295, August 23, 2001).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
because the FAA evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires a roto-test inspection of fastener holes of 
certain fuselage joints for cracks, reinforcement of the fuselage 
between frames 31 and 37.1, and, if necessary, an HFEC inspection and 
repair.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary and that good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0970; 
Project Identifier AD-2020-01359-T'' at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. Except for Confidential Business Information (CBI) as described 
in the following paragraph, and other information as described in 14 
CFR 11.35, the FAA will consider all comments received by the closing 
date and may amend this AD based on those comments.
    The FAA will post all comments the FAA receives, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the FAA receives about this AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to the 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
377 work-hours x $85 per hour =                 $6,187          $38,232
 $32,045..............................
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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.
    The FAA is 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

[[Page 71531]]

develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:
0
a. Removing airworthiness directive (AD) 2001-16-13, Amendment 39-12382 
(66 FR 44295, August 23, 2001), and
0
b. Adding the following new AD:

2020-22-09 Airbus SAS: Amendment 39-21305; Docket No. FAA-2020-0970; 
Project Identifier AD-2020-01359-T.

(a) Effective Date

    This AD is effective November 25, 2020.

(b) Affected ADs

    This AD replaces AD 2001-16-13, Amendment 39-12382 (66 FR 44295, 
August 23, 2001) (``AD 2001-16-13'').

(c) Applicability

    This AD applies to Airbus SAS Model A330-301, -321, -322, -323, 
-341, -342, and -343 airplanes, certificated in any category, except 
airplanes on which Airbus Industrie Modification 46636 has been 
accomplished in production or which have been modified in service as 
specified in Airbus Service Bulletin A330-53-3090.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that during fatigue testing on 
the fuselage, cracks were detected in the longitudinal buttstrap at 
stringer 9, at frame 31, and at frame 37.1. The FAA is issuing this 
AD to address fatigue cracking of the fuselage longitudinal 
buttstrap, 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) Retained Inspection, with New Service Information

    This paragraph restates the requirements of paragraph (a) of AD 
2001-16-13, with new service information. Prior to the accumulation 
of 15,000 total flight cycles: Perform a roto-test inspection to 
detect cracks of the fastener holes at frame 31, frame 37.1, and 
stringer 9, in accordance with Airbus Service Bulletin A330-53-3090, 
Revision 02, dated January 9, 2001; or Airbus Service Bulletin A330-
53-3090, Revision 03, dated December 11, 2002.

(h) Retained Reinforcement, With New Service Information

    This paragraph restates the requirements of paragraph (b) of AD 
2001-16-13, with new service information. If no cracks are detected 
during the inspection performed in accordance with paragraph (g) of 
this AD, prior to further flight, reinforce the fuselage structure 
between frames 31 and 37.1, in accordance with Airbus Service 
Bulletin A330-53-3090, Revision 02, dated January 9, 2001; or Airbus 
Service Bulletin A330-53-3090, Revision 03, dated December 11, 2002.

(i) Retained Follow-Up Inspection and Repair, With New Service 
Information and Revised Repair Approval Language

    This paragraph restates the requirements of paragraph (c) of AD 
2001-16-13, with new service information and revised repair approval 
language. If any crack is detected during the inspection performed 
in accordance with paragraph (g) of this AD, prior to further 
flight, perform a high frequency eddy current (HFEC) inspection to 
determine the crack length, in accordance with Airbus Service 
Bulletin A330-53-3090, Revision 02, dated January 9, 2001; or Airbus 
Service Bulletin A330-53-3090, Revision 03, dated December 11, 2002. 
Prior to further flight, repair the crack in accordance with a 
method approved by the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (or its delegated agent) or using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA; or the European Union Aviation Safety Agency 
(EASA); or Airbus SAS's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or the European Union 
Aviation Safety Agency (EASA); or Airbus SAS's EASA DOA. If approved 
by the DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (j)(2) of this AD: If any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) French airworthiness directive 2001-075(B), dated March 17, 
2001, for related information. This MCAI may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0970.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229; email [email protected].

(l) 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.
    (3) The following service information was approved for IBR on 
November 25, 2020.
    (i) Airbus Service Bulletin A330-53-3090, Revision 03, dated 
December 11, 2002.
    (ii) [Reserved]

[[Page 71532]]

    (4) The following service information was approved for IBR on 
September 7, 2001 (66 FR 44295, August 23, 2001).
    (i) Airbus Service Bulletin A330-53-3090, Revision 02, dated 
January 9, 2001.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 45 80; email [email protected]; 
internet https://www.airbus.com.
    (6) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (7) 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 26, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24855 Filed 11-9-20; 8:45 am]
BILLING CODE 4910-13-P