[Federal Register: June 9, 2004 (Volume 69, Number 111)]
[Rules and Regulations]
[Page 32247-32249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn04-1]
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Rules and Regulations
Federal Register
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[[Page 32247]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-183-AD; Amendment 39-13660; AD 2004-12-01]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-202, -203, -223, and
-243 Airplanes, and A330-300 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Model A330-202, -203, -223, and -243
airplanes, and A330-300 series airplanes, that requires modification of
the center box junction and upper sections of the center fuselage to
reinforce the frame base junction, and related corrective action. This
action is necessary to prevent fatigue cracking, which could result in
reduced structural integrity of the fuselage. This action is intended
to address the identified unsafe condition.
DATES: Effective July 14, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 14, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or 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/code_of_federal_regulations/ibr_locations.html
.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2797; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Airbus Model A330-202, -
203, -223, and -243 airplanes, and A330-300 series airplanes, was
published in the Federal Register on March 11, 2004 (69 FR 11552). That
action proposed to require modification of the center box junction and
upper sections of the center fuselage to reinforce the frame base
junction, and related corrective action.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Requests To Change Compliance Time
One commenter asks that the compliance times specified in
paragraphs (a)(1) and (a)(2) of the proposed AD be changed to specify,
``since the first flight of the airplane,'' as mandated in the
airworthiness directive issued by the Direction G[eacute]n[eacute]rale
de l'Aviation Civile (DGAC), which is the airworthiness authority for
France. The commenter states that the first flight of the airplane
should be the starting point to record and count flight hours and
flight cycles, as recorded in the logbooks for the airframe and
engines. The commenter adds that it should be the first flight after
delivery of the airplane to the first operator.
The FAA does not agree. The justification for the difference
between the proposed AD and the DGACs airworthiness directive, as
specified in the ``Differences'' section of the proposed AD, is the
following: ``This decision is based on our determination that ``since
the first flight of the airplane'' may be interpreted differently by
different operators. We find that our proposed terminology is generally
understood within the industry and records will always exist that
establish these dates with certainty. In addition, we have determined
that a 6-month grace period will ensure an acceptable level of safety
and is an appropriate interval of time wherein the modification can be
accomplished during scheduled maintenance intervals for the majority of
affected operators.'' We have not changed the AD in this regard.
The same commenter asks that the effective date for the compliance
time specified in paragraphs (a)(1)(ii) and (a)(2)(ii) of this proposed
AD be changed to match the effective date of the airworthiness
directive issued by the DGAC. The DGAC airworthiness directive was
effective on November 9, 2002.
We do not agree. We do not express compliance times in terms of
calendar dates unless engineering analysis establishes a direct
relationship between the date and either the compliance threshold or
the grace period. Additionally, in consideration of the average
utilization rate by the affected U.S. operators, and the practical
aspects of an orderly modification of the U.S. fleet during regular
maintenance periods, we have determined that a grace period of 6 months
after the effective date of this AD, is appropriate.
Another commenter asks that the 6-month grace period specified in
paragraph (a)(2)(ii) of the proposed AD, for airplanes beyond the
compliance threshold specified in paragraph (a)(2)(i) of the proposed
AD, be extended to 18 months. The commenter states that it anticipates
incorporation of the subject modification during upcoming C-checks, and
that an 18-month compliance time would align with those maintenance
checks. The commenter adds that if an operator has already accumulated
more than 11,400 total flight cycles or 33,100 total flight hours on
the airplane, the operator may be forced to do the subject modification
outside of a heavy maintenance environment, which would extend the out-
of-service time. The commenter notes that extending the grace period to
18 months would allow for accomplishment of the modification without
specially scheduled downtime outside of scheduled maintenance.
[[Page 32248]]
We do not agree. In developing an appropriate compliance time for
this action, we considered the safety implications, operators' normal
maintenance schedules, and the compliance time recommended by the
airplane manufacturer for the timely accomplishment of the required
actions. In consideration of these items, we have determined that a
grace period of 6 months will ensure an acceptable level of safety and
is an appropriate interval of time wherein the required actions can be
accomplished during scheduled maintenance intervals for the majority of
affected operators. However, according to the provisions of paragraph
(d) of this AD, we may approve requests to adjust the compliance time
if the request includes data that justify that a different compliance
time would provide an acceptable level of safety. We have not changed
the AD in this regard.
Explanation of Change to Final Rule
The number of affected airplanes has changed since issuance of the
proposed AD; therefore, we have changed the Cost Impact section in this
final rule to reflect the correct number of airplanes.
Conclusion
We have carefully reviewed the available data and have determined
that air safety and the public interest require adopting the AD with
the change previously described. We have determined that this change
will not significantly increase the economic burden on any operator or
increase the scope of the AD.
Cost Impact
We estimate that 16 airplanes of U.S. registry will be affected by
this AD, that it will take about 67 work hours per airplane to do the
modification, and that the average labor rate is $65 per work hour.
Required parts will cost about $1,420 per airplane. Based on these
figures, the cost impact of the modification required by this AD on
U.S. operators is estimated to be $92,400, or $5,775 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-12-01 Airbus: Amendment 39-13660. Docket 2003-NM-183-AD.
Applicability: A330-202, -203, -223, and -243 airplanes, and
A330-300 series airplanes; certificated in any category; on which
Airbus Modification 49404 has not been done.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking, which could result in reduced
structural integrity of the fuselage, accomplish the following:
Modification
(a) Modify the center box junction and upper bent sections of
the center fuselage, between frame (FR) 40.3 and FR 45 at stringers
26 through 29, on the left and right sides of the airplane, by doing
all the actions per the Accomplishment Instructions of Airbus
Service Bulletin A330-53-3126, Revision 01, dated March 19, 2003. Do
the modification at the times specified in paragraphs (a)(1) and
(a)(2) of this AD.
(1) For Model A330-301, -322, -321, -341, and -342 airplanes: Do
the modification at the later of the times specified in paragraphs
(a)(1)(i) and (a)(1)(ii) of this AD.
(i) Before the accumulation of 13,500 total flight cycles or
39,200 total flight hours since the date of issuance of the original
Airworthiness Certificate or the date of issuance of the original
Export Certificate of Airworthiness, whichever is first.
(ii) Within 6 months after the effective date of this AD.
(2) For Model A330-202, -203, -223, -243, -323, and -343
airplanes: Do the modification at the later of the times specified
in paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
(i) Before the accumulation of 11,400 total flight cycles or
33,100 total flight hours since the date of issuance of the original
Airworthiness Certificate or the date of issuance of the original
Export Certificate of Airworthiness, whichever is first.
(ii) Within 6 months after the effective date of this AD.
Previously Accomplished Actions
(b) Accomplishment of the modification per Airbus Service
Bulletin A330-53-3126, dated October 18, 2002, is considered
acceptable for compliance with the modification required by
paragraph (a) this AD.
Repair
(c) If any crack is found during accomplishment of the
modification required by paragraph (a) of this AD, and the service
bulletin recommends contacting Airbus for appropriate action: Before
further flight, repair per a method approved by the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate;
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its
delegated agent).
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, is authorized to approve alternative methods of
compliance for this AD.
Incorporation by Reference
(e) Unless otherwise provided in this AD, the actions shall be
done in accordance with Airbus Service Bulletin A330-53-3126,
Revision 01, dated March 19, 2003. This incorporation by reference
was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
[[Page 32249]]
Washington; or 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/code_of_federal_regulations/ibr_locations.html
.
Note 1:
The subject of this AD is addressed in French airworthiness
directive 2002-528(B), dated October 30, 2002.
Effective Date
(f) This amendment becomes effective on July 14, 2004.
Issued in Renton, Washington, on May 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-12822 Filed 6-8-04; 8:45 am]
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