The Direction G n rale 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 and A340 series airplanes. The DGAC advises that, during fatigue tests, cracks were found, starting at the attachment holes for doorstop fitting No. 5 at frame 73A on the aft passenger/crew doors. This condition, if not corrected, could result in reduced structural integrity of the door frames.
Although the fatigue tests were performed on the Model A340 series airplane, the subject area on affected Model A330 series airplanes is almost identical to that on the affected Model A340 series airplanes. Therefore, those Model A330 series airplanes may be subject to the same unsafe condition revealed on the Model A340 series airplanes.
Explanation of Relevant Service Information
Airbus has issued Service Bulletins A330-53-3074, Revision 01 (for Model A330 series airplanes), and A340-53-4085, Revision 01 (for Model A340 series airplanes), both dated May 19, 1998, which describe, among other things, procedures for inspection of the two inboard attachment holes and the support fitting in frame 73A of the aft passenger/crew doors for cracks, and cold expansion of the holes and the addition of bushings to improve the fatigue behavior of the doorstop fittings. Accomplishment of the actions specified in the service bulletins is intended to adequately address the identified unsafe condition.
The DGAC classified the inspections as mandatory and the cold expansion modifications as optional and issued French airworthiness directives 2000-126-114(B) (for Model A330 series airplanes) and 2000-125-139(B) (for Model A340 series airplanes), both dated March 8, 2000, in order to assure the continued airworthiness of these airplanes in France.
FAA's Conclusions
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. 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 detect and prevent fatigue cracking of the of the attachment holes for doorstop fitting number 5, which could result in reduced structural integrity of the door frames. This AD requires inspection of the two inboard attachment holesand the support fitting in frame 73A of the aft passenger/crew doors for cracks; repair, if necessary; and cold expansion of the holes and the addition of bushings to improve the fatigue behavior of the doorstop fittings, the accomplishment of which constitutes terminating action for certain inspections. The actions are required to be accomplished in accordance with the service bulletins described previously, except as discussed below.
Differences Between This AD and the Service Bulletins and Foreign Airworthiness Directives
This AD differs from the parallel French airworthiness directives in that they mandate the accomplishment of the cold expansion of the holes and the addition of bushings. The French airworthiness directives provide for those actions as optional, in lieu of repetitive inspections. Mandating the modification is based on the FAA's determination that long-term continued operational safety will be better ensured by modifications or design changes to remove thesource of the problem, rather than by repetitive inspections. Long-term inspections may not be providing the degree of safety assurance necessary for the transport airplane fleet. This, coupled with a better understanding of the human factors associated with numerous continual inspections, has led the FAA to consider placing less emphasis on inspections and more emphasis on design improvements. This modification requirement is consistent with these conditions.
Operators should note that, although the service bulletins specify that the manufacturer may be contacted for disposition of certain repair conditions, this AD requires the repair of those conditions to be accomplished in accordance with a method approved by either the FAA or the DGAC (or its delegated agent). In light of the type of repair that will be required to address the identified unsafe condition, and in consonance with existing bilateral airworthiness agreements, the FAA has determined that, for this AD, a repair approved by either the FAA or the DGAC will be acceptable for compliance with this AD.
In addition, although the service bulletins refer to inspection service bulletins that must be followed prior to or concurrent with the modifications, this AD does not require accomplishment of those inspection service bulletins because the accomplishment of the modification cancels their inspection requirements.
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 4 work hours to accomplish the required actions, at an average labor rate of $60 per work hour. The cost of required parts would be minimal. Based on these figures, the cost impact of this AD is estimated to be $240 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 economic impact 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 tomodify 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 submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 2000-NM-117-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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: