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 A330-301, -321, -322, -341, -342, and A340-211, -212, -213, -311, -312, and -313 series airplanes. The DGAC advises that, during full-scale fatigue testing, fatigue cracking occurred at 31,409 simulated flights on the right-hand side of the rear fuselage frame FR73A, between beams 5 and 6. The crack ran the full width of the inner flange, and extended 33 millimeters (1.3 inches) into the web of the frame. Such fatigue cracking of the inner flange of the rear fuselage frame FR73A, if not detected and corrected, could result in reduced structural integrity of the fuselage.
Explanation of Relevant Service Information
Airbus has issued Service Bulletins A330-53-3037, Revision 01 (for Model A330 series airplanes), and A340-53-4051, Revision 01 (for Model A340 series airplanes), both dated January 30, 1998. These service bulletins describe procedures for repetitive high-frequency eddy current (HFEC) inspections to detect cracking of the inner flange left and right sides, of the rear fuselage frame FR73A, between beams 5 and 6; and corrective actions, if necessary. The corrective actions involve reworking and replacing the affected area with a new, improved section of FR73A, if necessary. This replacement eliminates the need for repetitive HFEC inspections for the affected area only, as described in the Airbus service bulletins.
Airbus also has issued Service Bulletins A330-53-3036, Revision 01, dated December 22, 1997 (for Model A330 series airplanes), and A340-53-4050, dated February 19, 1997 (for Model A340 series airplanes). These service bulletins describe procedures for modification of the inner flange (left and right sides) of the rear fuselage frame FR73A, between beams 5 and 6. The modification involves reworking and flap peening the inner flange of the rear fuselage frame FR73A. Additionally, for Model A330 series airplanes, the modification also involves installing a reinforcing strap and cold working specific holes that attach the reinforcing strap. Accomplishment of these actions eliminates the need for the repetitive HFEC inspections described in Airbus Service Bulletins A330-53-3037, Revision 01 (for Model A330 series airplanes), and A340-53-4051, Revision 01 (for Model A340 series airplanes), both dated January 30, 1998.
Accomplishment of the actions specified in Airbus Service Bulletins A330-53-3037, Revision 01, or A330-53-3036, Revision 01 (for Model A330 series airplanes); and A340-53-4051, Revision 01, or A340-53-4050 (for Model A340 series airplanes), is intended to adequately address the identified unsafe condition.
The DGAC classified Airbus Service Bulletins A330-53-3037, Revision 01 (for Model A330 series airplanes), and A340-53-4051, Revision 01 (for Model A340 series airplanes as mandatory; and classified Airbus Service Bulletins A330-53-3036, Revision 01 (for Model A330 series airplanes), and A340-53-4050 (for Model A340 series airplanes) as recommended. The DGAC has issued French airworthiness directives 97-270-055(B) (for Model A330 series airplanes), and 97-271-071(B) (for Model A340 series airplanes), both dated September 24, 1997, 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 21.19) 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 registered in the United States, this AD is being issued to detect and correct fatigue cracking of the inner flange of the rear fuselage frame FR73A, which could result in reduced structural integrity of the fuselage. This AD requires accomplishment of the actions specified in Airbus Service Bulletins A330-53-3037, Revision 01 (for Model A330 series airplanes), or A340-53-4051, Revision 01 (for Model A340 series airplanes), described previously, except as discussed below. This proposed AD also provides for optional terminating action for the repetitive inspections required by this AD.
Operators should note that, in consonance with the findings of the DGAC, the FAA has determined that the repetitive inspections required by this AD can be allowed to continue in lieu of accomplishment of a terminating action. In making this determination, the FAA considers that, in this case, long-term continued operational safety will be adequately assured by accomplishing the repetitive inspections to detect cracking before it represents a hazard to the airplane.
Differences Between This AD and Service Bulletins
Operators should note that, although the service bulletins specify that the manufacturer may be contacted for disposition of certain cracking conditions, this AD requires the repair of the fatigue cracking 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 would be acceptable for compliance with this AD.
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 2 work hours to accomplish the required high-frequency eddy current (HFEC) inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the inspection proposed by this AD would be $120 per airplane, per inspection cycle.
For Model A330 series airplanes: Should an operator elect to accomplish the optional terminating modification rather than continue the repetitive inspection, it would take approximately 24 work hours to accomplish, at an average labor rate of $60 per work hour. The cost of required parts would be approximately $708 per airplane. Based on these figures, the cost impact of the optional terminating action for Model A330 series airplanes would be $2,148 per airplane.
For Model A340 series airplanes: Should an operator elect to accomplish the optional terminating modification rather than continue the repetitive inspections, it would take approximately 12 work hours to accomplish, at an average labor rate of $60 per work hours. Based on these figures, the cost impact of the optional terminating action for Model A340 series airplanes would be $720 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.
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 submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 98-NM-310-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
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: