[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57493-57497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19045]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22485; Directorate Identifier 2001-NM-337-AD; 
Amendment 39-14293; AD 2005-19-28]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-301, -321, -322, -
341, and -342 Airplanes; and Model A340-200 and A340-300 Series 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A330-301, -321, -322, -341, and -342 airplanes; 
and Model A340-200 and A340-300 series airplanes. This AD requires 
repetitive inspections for cracks in the aft face of the rear spar at 
the area adjacent to the bolt holes and the end of the build slot, and 
repair if necessary. The AD also provides an optional terminating 
action for the repetitive inspections. This AD results from a report 
that, during fatigue tests of the wing, cracks were found in the 
vertical web of the rear spar between ribs 1 and 2 having initiated at 
the build slot. We are issuing this AD to detect and correct fatigue 
cracking in the vertical web of the wing rear spar, which could result 
in reduced structural integrity of the wing.

DATES: Effective October 18, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 18, 
2005.
    We must receive comments on this AD by December 2, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France,

[[Page 57494]]

for service information identified in this AD.
    You may examine the contents of the 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, 
Washington, DC. This docket number is FAA-2005-22485; the directorate 
identifier for this docket is 2001-NM-337-AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, ANM-
116, International Branch, FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Although this is a final rule that was not preceded by notice and 
an opportunity for public comment, we invite you to submit any relevant 
written data, views, or arguments regarding this AD. Include ``Docket 
No. FAA-2005-22485; Directorate Identifier 2001-NM-337-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
AD. We will consider all comments received by the closing date and may 
amend the 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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified us that an unsafe 
condition may exist on certain Airbus Model A330-301, -321, -322, -341, 
and -342 airplanes; and Model A340-200 and A340-300 series airplanes. 
The DGAC advises that, during fatigue tests of the wing, cracks were 
found in the vertical web of the rear spar between ribs 1 and 2. These 
fatigue cracks propagated from the build slot to the nearest adjacent 
bolt hole. This condition, if not corrected, could result in reduced 
structural integrity of the wing.

Relevant Service Information

    Airbus has issued Service Bulletin A330-57-3059, Revision 01, dated 
September 13, 2001 (for Model A330-301, -321, -322, -341, and -342 
airplanes); and Service Bulletin A340-57-4066, Revision 01, dated 
September 13, 2001 (for Model A340-200 and A340-300 series airplanes). 
The service bulletins describe procedures for doing repetitive high-
frequency eddy current (HFEC) inspections for cracks in the aft face of 
the rear spar at the area adjacent to the bolt holes and the end of the 
build slot. If no cracks are found, the service bulletins give 
intervals for repeating the HFEC inspection until the terminating 
action, described below, is accomplished. If any crack is found the 
service bulletins give the following procedures for repair, depending 
on the extent of the crack.
    <bullet> For any crack that has not reached the fastener holes 
``B,'' and is still within a specified modification cut-out area, the 
service bulletins state that the airplane may continue operation at 
various reduced inspection intervals, depending on the length of the 
crack, until the terminating action is accomplished.
    <bullet> For any crack that extends to fastener holes ``B,'' but 
not beyond, the service bulletin gives procedures for doing a temporary 
repair and then doing the terminating action, described below, at a 
specified interval following the temporary repair. The temporary repair 
includes the related investigative action of a leak test after the 
access panels are installed at the work area.
    <bullet> If any crack is found that extends beyond the specified 
modification cut-out area, the service bulletin specifies that 
operators should contact Airbus for repair instructions.
    Airbus has also issued Service Bulletin A330-57-3058, dated August 
29, 2001 (for Model A330-301, -321, -322, -341, and -342 airplanes); 
and Service Bulletin A340-57-4065, dated August 29, 2001 (for Model 
A340-200 and A340-300 series airplanes). These service bulletins 
describe procedures for changing the profile of the end radius of the 
build slot to reduce the stress concentration in the area, which 
reduces the probability of fatigue cracking. The re-profiling involves 
first doing an HFEC inspection for cracks of the aft face of the rear 
spar at the area adjacent to the bolt holes. If cracks are found that 
will be removed by the re-profiling cut-out, the service bulletins 
specify that the re-profiling can proceed. If any crack is found that 
is outside the re-profiling cut-out, the service bulletins specify 
contacting Airbus for repair instructions before further flight. Doing 
this re-profiling eliminates the need for the repetitive inspection 
requirements of Airbus Service Bulletins A330-57-3059 and A340-57-4066.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DGAC mandated 
the service information and issued French airworthiness directives 
2001-268(B) R1, dated July 25, 2001, and 2001-269(B), dated June 27, 
2001, to ensure the continued airworthiness of these airplanes in 
France.

FAA's Determination and Requirements of This 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. Pursuant 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.
    Therefore, we are issuing this AD to detect and correct fatigue 
cracking in the vertical web of the wing rear spar, which could result 
in reduced structural integrity of the wing. This AD requires 
accomplishing the actions specified in the service information 
described previously.

Differences Between the AD and the French Airworthiness Directives

    The applicability of the French airworthiness directives excludes 
airplanes on which Airbus Service Bulletins A330-57-3058 or A340-57-
4065 was accomplished in service, as applicable. However, we have not

[[Page 57495]]

excluded those airplanes in the applicability of this AD; rather, this 
AD includes a requirement to accomplish the actions specified in the 
applicable service bulletin. This requirement would ensure that the 
actions specified in the service bulletin and required by this AD are 
accomplished on all affected airplanes. Operators must continue to 
operate the airplane in the configuration required by this AD unless an 
alternative method of compliance is approved.
    Unlike the procedures described in the service bulletins that are 
mandated by the French airworthiness directives, this AD would not 
permit further flight if any crack is detected. For cracks that have 
not reached fastener holes ``B'' or that extend to fastener holes 
``B,'' but not beyond, this AD requires doing the temporary repair in 
accordance with the service bulletin. In addition, unlike the 
procedures described in the service bulletins, this AD would not permit 
further flight if any crack has extended beyond the fastener holes 
``B,'' and is still within a specified modification cut-out area. We 
have determined that, because of the safety implications and 
consequences associated with that cracking, any crack of this size must 
be permanently repaired (by using the re-profiling procedure) before 
further flight.
    The service bulletins that are mandated by the French airworthiness 
directives specify that you may contact the manufacturer for 
instructions on how to repair certain conditions, but this AD would 
require you to repair those conditions using a method that we or the 
DGAC (or its delegated agent) approve. In light of the type of repair 
that would be required to address the unsafe condition, and consistent 
with existing bilateral airworthiness agreements, we have determined 
that, for this AD, a repair we or the DGAC approve would be acceptable 
for compliance with this AD.
    These differences have been coordinated with the DGAC.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Average labor
                Action                     Work hours       rate per hour            Parts cost                         Cost per airplane
--------------------------------------------------------------------------------------------------------------------------------------------------------
HFEC Inspection, per inspection cycle                  2                $65  None.....................  $130, per inspection cycle.
Re-profiling (Optional Terminating                    70                $65  None.....................  $4,550.
 Action).
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FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

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 have 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 the 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 AD and placed it in the AD docket. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-19-28 Airbus: Amendment 39-14293. Docket No. FAA-2005-22485; 
Directorate Identifier 2001-NM-337-AD.

Effective Date

    (a) This AD becomes effective October 18, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-301, -321, -322, -341, 
and -342 airplanes; and Model A340-211, -212, -213, -311, -312, and 
-313 airplanes; certificated in any category; except airplanes on 
which Airbus Modification 41300 or 42547 has been accomplished, as 
applicable.

[[Page 57496]]

Unsafe Condition

    (d) This AD results from a report that, during fatigue tests of 
the wing, cracks were found in the vertical web of the rear spar 
between ribs 1 and 2 having initiated at the build slot. The FAA is 
issuing this AD to detect and correct fatigue cracking in the 
vertical web of the wing rear spar, which could result in reduced 
structural integrity of the wing.

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.

Service Bulletin Reference

    (f) Unless otherwise specified in this AD, the term ``service 
bulletin,'' as used in this AD, means the Accomplishment 
Instructions of the following service bulletins, as applicable:
    (1) For Model A330-301, -321, -322, -341, and -342 airplanes: 
Airbus Service Bulletin A330-57-3059, Revision 01, dated September 
13, 2001; and
    (2) For Model A340-211, -212, -213, -311, -312, and -313 
airplanes: Airbus Service Bulletin A340-57-4066, Revision 01, dated 
September 13, 2001.

Repetitive Inspections

    (g) At the applicable threshold in Table 1 of this AD, do a high 
frequency eddy current inspection for cracks in the aft face of the 
rear spar at the area adjacent to the bolt holes and the end of the 
build slot; and repeat the inspection thereafter at the applicable 
repetitive interval in Table 1 of this AD, until the repair required 
by paragraph (k) of this AD is accomplished. Do all inspections in 
accordance with the applicable service bulletin.

                                  Table 1.--Inspection Thresholds and Intervals
----------------------------------------------------------------------------------------------------------------
                                                  Threshold                         Repetitive interval
             Model--              ------------------------------------------------------------------------------
                                               The later of--                         The earlier of--
----------------------------------------------------------------------------------------------------------------
A330-301, -321, -322, -341, and -  <bullet> Before the accumulation of     <bullet> 8,300 flight cycles; and
 342 airplanes.                     10,300 total flight cycles or 32,000   <bullet> 25,800 flight hours.
                                    total flight hours, whichever occurs
                                    earlier; or
                                   <bullet> Within 6 months after the
                                    effective date of this AD.
A340-211, -212, -213, -311, -312,  <bullet> Before the accumulation of     <bullet> 8,200 flight cycles; and
 and -313 airplanes.                9,800 total flight cycles or total     <bullet> 40,100 flight hours.
                                    48,200 flight hours, whichever occurs
                                    earlier; or
                                   <bullet> Within 6 months after the
                                    effective date of this AD.
----------------------------------------------------------------------------------------------------------------

Repair

    (h) If any crack is found during any inspection required by 
paragraph (g) of this AD, and the crack has not reached the fastener 
holes ``B'' or extends to fastener holes ``B,'' but not beyond, 
before further flight: Do the temporary repair in accordance with 
the applicable service bulletin and repeat the inspection thereafter 
at the applicable interval in paragraph (g) of this AD until the 
permanent repair required by paragraph (k) of this AD is 
accomplished.
    (i) If any crack is found during any inspection required by 
paragraph (g) of this AD, and the crack has extended beyond fastener 
holes ``B,'': Before further flight, do the permanent repair in 
paragraph (k) of this AD.
    (j) Where the service bulletin specifies that operators may 
contact the manufacturer for instructions on how to repair cracks 
that extend beyond the modification cut-out area: Before further 
flight, repair according to a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction Generale de l'Aviation Civile (DGAC) (or its 
delegated agent).

Optional Terminating Action--Permanent Repair (Re-Profiling)

    (k) Doing the permanent repair in accordance with the applicable 
service bulletin in paragraph (k)(1) or (k)(2) of this AD terminates 
the repetitive inspection requirements of this AD. Where the service 
bulletins in paragraph (k)(1) and (k)(2) of this AD specify that 
operators may contact the manufacturer for instructions on how to 
repair certain conditions: Before further flight, repair according 
to a method approved by either the Manager, International Branch, 
ANM-116, FAA, Transport Airplane Directorate; or the DGAC (or its 
delegated agent).
    (1) For Model A330-301, -321, -322, -341, and -342 airplanes: 
Airbus Service Bulletin A330-57-3058, dated August 29, 2001.
    (2) For Model A340-211, -212, -213, -311, -312, and -313 
airplanes: Airbus Service Bulletin A340-57-4065, dated August 29, 
2001.

Actions Done in Accordance With Previous Issues of Service Bulletins

    (l) Actions done before the effective date of this AD in 
accordance with the service bulletins identified in Table 2 of this 
AD, are acceptable for compliance with the corresponding action 
required by this AD.

             Table 2.--Previous Issues of Service Bulletins
------------------------------------------------------------------------
        Airbus Service Bulletins                       Date
------------------------------------------------------------------------
A330-57-3059...........................  March 16, 2001.
A340-57-4066...........................  March 16, 2001.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (m)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (n) French airworthiness directives 2001-268(B) R1, dated July 
25, 2001, and 2001-269(B), dated June 27, 2001, also address the 
subject of this AD.

Material Incorporated by Reference

    (o) You must use the Airbus service bulletins identified in 
Table 3 of this AD to perform the actions that are required by this 
AD, as applicable, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France, for a copy of this service information. You may 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[[Page 57497]]



                                   Table 3.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
       Airbus Service Bulletins                   Revision level                            Date
----------------------------------------------------------------------------------------------------------------
A330-57-3058..........................  Original.........................  August 29, 2001.
A330-57-3059..........................  01...............................  September 13, 2001.
A340-57-4065..........................  Original.........................  August 29, 2001.
A340-57-4066..........................  01...............................  September 13, 2001.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on September 15, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19045 Filed 9-30-05; 8:45 am]
BILLING CODE 4910-13-P