The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on certain Airbus Model A330- 243, -341, -342, and -343 series airplanes, which are equipped with Rolls-Royce engines. The DGAC advises that fatigue tests have revealed that the fail-safe link of the rear engine mount may not have adequate fatigue strength. The fail-safe link is intended to withstand operational loads in the event of loss of the primary load path for the engine. Failure of the fail-safe link of the rear engine mount, when combined with loss of the primary load path for the engine, could result in separation of the engine from the airplane.
Explanation of Relevant Service Information
Airbus has issued Service Bulletin A330-71-3010, dated September 25, 1999, which describes procedures for modifying the rear engine mount on the left- and right-hand sides of the airplane by replacing the existing fail-safe link with a new, improved fail-safe link. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. The DGAC classified this service bulletin as mandatory and issued French airworthiness directive 2001-544(B), dated November 14, 2001, in order to assure the continued airworthiness of these airplanes in France.
Airbus Service Bulletin A330-71-3010 refers to Rolls-Royce Service Bulletin RB211-71-C639, dated September 10, 1999, as an additional source of service information for modification of the rear engine mount. The modification includes replacing the two-piece bearing with a one-piece bearing and increasing the thickness of the fail-safe link.
FAA's Conclusions
These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
Explanation of Requirements of the Rule
Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design that may be registered in the United States at some time in the future, this AD is being issued to prevent failure of the fail-safe link of the rear engine mount, which, in combination with failure of the primary load path for the engine, could result in separation of the engine from the airplane. This AD requires accomplishment of the actions specified in the Airbus service bulletin described previously.
Cost Impact
None of the airplanes affected by this action are on the U.S. Register. All airplanes included in the applicability of this rule currently are operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject airplanes are imported and placed on the U.S. Register in the future.
Should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 40 work hours to accomplish the required actions, at an average labor rate of $60 per work hour. Required parts would be provided by the engine manufacturer at no charge to the operators. Based on these figures, the cost impact of this AD would be $2,400 per airplane.
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently on the U.S. Register, it has no adverse economicimpact and imposes no additional burden on any person. Therefore, prior notice and public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register.
Comments Invited
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Submit comments using the following format:
-- Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a
request to change the service bulletin reference as two separate issues.
-- For each issue, state what specific change to the proposed AD is being requested.
-- Include justification (e.g., reasons or data) for each request.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submita self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 2001-NM-392-AD." The postcard will be date-stamped and returned to the commenter.
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
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
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]
2. Section 39.13 is amended by adding the following new airworthiness directive: