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[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11016-11019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04259]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0061; Directorate Identifier 2013-NM-029-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2007-06-
12, that applies to certain Airbus Model A330-200 and A330-300 
airplanes. AD 2007-06-12 requires, for certain airplanes, reinforcement 
of the structure of the center fuselage by installing external 
stiffeners (butt straps) at frame (FR) 53.3 on the fuselage skin 
between left-hand (LH) and right-hand (RH) stringer (STR) 13, and 
related investigative and corrective actions. Since we issued AD 2007-
06-12, we have determined that the compliance times must be reduced in 
order to address the unsafe condition. This proposed AD would reduce 
the compliance times for reinforcing the structure of the center 
fuselage at FR 53.3. We are proposing this AD to prevent fatigue 
cracking of the fuselage, which could result in reduced structural 
integrity of the fuselage.

DATES: We must receive comments on this proposed AD by April 14, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., 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 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 airworthiness.A330-A340@airbus.com; 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. 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 proposed 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. Comments will be available in the AD docket shortly after 
receipt.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0061; 
Directorate Identifier 2013-NM-029-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On March 7, 2007, we issued AD 2007-06-12, Amendment 39-14993 (72 
FR 12555, March 16, 2007) (``AD 2007-06-12''). AD 2007-06-12 requires 
actions intended to address an unsafe condition on the products listed 
above.
    Since we issued AD 2007-06-12, Amendment 39-14993 (72 FR 12555, 
March 16, 2007), we have determined that the compliance times must be 
reduced in order to address the unsafe condition. We have also added 
the

[[Page 11017]]

compliance time for short- and long-range airplane utilization based on 
the new fatigue and damage tolerance evaluation. 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 the specified products. 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.

    The initial compliance times range between 15,700 total flight 
cycles or 94,600 total flight hours, whichever occurs first; and 25,600 
total flight cycles or 77,000 total flight hours, whichever occurs 
first; depending on airplane configuration. You may examine the MCAI in 
the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2014-0061.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-53-3127 Revision 
02, including Appendix 01, dated December 7, 2011, and Mandatory 
Service Bulletin A330-53-3143 Revision 05, including Appendix 01, dated 
May 29, 2012. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Repair Approvals

    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a Design Approval 
Holder (DAH) as a method of compliance with this provision in FAA ADs. 
Frequently, in these cases, the previously approved repair instructions 
come from the airplane structural repair manual or the DAH repair 
approval statements that were not specifically developed to address the 
unsafe condition corrected by the AD. Using repair instructions that 
were not specifically approved for a particular AD creates the 
potential for doing repairs that were not developed to address the 
unsafe condition identified by the MCAI AD, the FAA AD, or the 
applicable service information, which could result in the unsafe 
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, certain requirements of this proposed 
AD would require that the repair approval specifically refer to the FAA 
AD. This change is 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 use the phrase ``its delegated agent, or the DAH with 
State of Design Authority design organization approval, as applicable'' 
in this proposed AD to refer to a DAH authorized to approve certain 
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 9 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Installation...................  Up to 327                       $17,850   Up to $45,645.....  Up to $410,805.
                                  work[dash]hour x $85
                                  per hour = $27,795.
----------------------------------------------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This

[[Page 11018]]

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 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);
    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.

List of Subjects in 14 CFR Part 39

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

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:

Airbus: Docket No. FAA-2014-0061; Directorate Identifier 2013-NM-
029-AD.

(a) Comments Due Date

    We must receive comments by April 14, 2014.

(b) Affected ADs

    This AD supersedes 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 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 
Mandatory 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) Airplanes with a short-range mission as specified in Airbus 
Mandatory Service Bulletin A330-53-3127, Revision 02, 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) Airplanes with a long-range mission as specified in Airbus 
Mandatory Service Bulletin A330-53-3127, Revision 02, 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 EASA (or its delegated agent, or 
by the Design Approval Holder (DAH) with EASA design organization 
approval). For a repair method to be approved, the repair approval 
must specifically refer to this AD.

(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 Mandatory 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 EASA (or its delegated agent, or 
by the Design Approval Holder (DAH) with EASA design organization 
approval). For a repair method to be approved, the repair approval 
must specifically refer to this AD.
    (1) At the applicable times specified in the ``threshold'' 
column of the table in 1.E. ``Compliance'' of Airbus Mandatory 
Service Bulletin A330-53-3143, Revision 05, dated May 29, 2012. 
Where paragraph 1.E. ``Compliance'' of Airbus Mandatory 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 
paragraphs (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 is not incorporated by reference in this AD).
    (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; this service 
information is not incorporated by reference in this AD.
    (i) Airbus Mandatory Service Bulletin A330-53-3143, including 
Appendix 01, dated December 24, 2004.
    (ii) Airbus Mandatory Service Bulletin A330-53-3143, Revision 
01, including Appendix 01, dated June 29, 2006.
    (iii) Airbus Mandatory Service Bulletin A330-53-3143, Revision 
02, including Appendix 01, dated August 31, 2010.
    (iv) Airbus Mandatory Service Bulletin A330-53-3143, Revision 
03, including Appendix 01, dated March 3, 2011.
    (v) Airbus Mandatory Service Bulletin A330-53-3143, Revision 04, 
including Appendix 01, dated December 6, 2011.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 11019]]

Branch, ANM-116, 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 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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. 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the DAH with a State of Design Authority's 
design organization approval). You are required to ensure the 
product is airworthy before it is returned to service.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0016, dated January 16, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0061.
    (2) 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 airworthiness.A330-A340@airbus.com; 
Internet http://www.airbus.com. 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.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04259 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-13-P
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