Airworthiness Directives; Airbus Model A300 B4-2C, B4-103, and B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R Airplanes, 55485-55488 [E9-25864]

Download as PDF Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Proposed Rules For the reasons stated in the preamble, DHS proposes to amend Chapter I of Title 6, Code of Federal Regulations, as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority: 6 U.S.C. 101 et seq.; Public Law 107–296, 116 Stat. 2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a. 2. Add at the end of Appendix C to Part 5, the following new paragraph ‘‘1’’: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act mstockstill on DSKH9S0YB1PROD with PROPOSALS * * * * * 1. DHS/ALL–001 Freedom of Information Act and Privacy Act Records System of Records consists of electronic and paper records and will be used by DHS and its components. DHS/ALL–001 Freedom of Information Act and Privacy Act Records System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; national security and intelligence activities; and protection of the President of the United States or other individuals pursuant to Section 3056 and 3056A of Title 18. DHS/ ALL–001 Freedom of Information Act and Privacy Act Records System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other Federal, State, local, tribal, foreign, or international government agencies. The Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to limitations set forth in 5 U.S.C. § 552a(c)(3) and (4): (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g) pursuant to 5 U.S.C. § 552a(j)(2). Additionally, the Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to limitations set forth in 5 U.S.C. § 552a(c)(3): (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f) pursuant to 5 U.S.C. § 552a(k)(1), (k)(2), (k)(3), (k)(5), and (k)(6). Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons: (a) From subsection (c)(3) and (4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the VerDate Nov<24>2008 16:11 Oct 27, 2009 Jkt 220001 accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process. (b) From subsection (d) (Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. (f) From subsections (e)(4)(G) and (H) (I) and (f) (Agency Requirements) because portions of this system are exempt from the individual access provisions of subsection (d) and thus would not require DHS to apply rules for records or portions of records which are exempted from access or amendment upon request. Access to, and amendment of, system records that are not exempt or for which exemption is waived may be obtained under procedures described in the related system of records notice (SORN) or Subpart B of this Part. (g) From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 55485 judgment to both conduct and report on investigations. (h) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS’s ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence. (i) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: October 20, 2009. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E9–25933 Filed 10–27–09; 8:45 am] BILLING CODE 9110–9L–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0993; Directorate Identifier 2009–NM–089–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 B4–2C, B4–103, and B4–203 Airplanes; and Model A300 B4–601, B4–603, B4–620, B4–622, B4–605R, and B4–622R Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: One A300–600 aeroplane operator reported that, during a routine inspection, the Right Hand frame 40 forward fitting between stringer 32 and stringer 33 was found cracked. The subject aeroplane had previously been modified in accordance with Airbus SB A300–57–6053 (Airbus Modification 10453). This condition, if not corrected, could result in a deterioration of the structural integrity of the frame. * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by December 14, 2009. E:\FR\FM\28OCP1.SGM 28OCP1 55486 Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Proposed Rules You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Airbus SAS— EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: account.airworth-eas@airbus.com; Internet https://www.airbus.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227– 1221 or 425–227–1152. economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We have lengthened the 30-day comment period for proposed ADs that address MCAI originated by aviation authorities of other countries to provide adequate time for interested parties to submit comments. The comment period for these proposed ADs is now typically 45 days, which is consistent with the comment period for domestic transport ADs. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Examining the AD Docket One A300–600 aeroplane operator reported that, during a routine inspection, the Right Hand frame 40 forward fitting between stringer 32 and stringer 33 was found cracked. The subject aeroplane had previously been modified in accordance with Airbus SB A300–57–6053 (Airbus Modification 10453). This condition, if not corrected, could result in a deterioration of the structural integrity of the frame. As no fatigue maintenance tasks (Inspection SB or Airworthiness Limitation Item) presently exist to inspect the affected area for aeroplanes having incorporated Airbus Modification 10453 preventively (without preliminary crack finding), Airbus has developed a new inspection [for cracking, and repair if necessary] to ensure structural integrity of the concerned area of frame 40. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Airworthiness Directive 2009–0094, dated April 21, 2009 (Correction: May 29, 2009) (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: * * * * * You may obtain further information by examining the MCAI in the AD docket. mstockstill on DSKH9S0YB1PROD with PROPOSALS Comments Invited Relevant Service Information We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0993; Directorate Identifier 2009–NM–089–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, Airbus has issued the following service information. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. • For Model A300 airplanes: Mandatory Service Bulletin A300– 53A0387, including Appendices 01 and 02, dated September 12, 2008; and VerDate Nov<24>2008 16:11 Oct 27, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Service Bulletin A300–53–0268, Revision 06, dated January 7, 2002. • For Model A300–600 airplanes: Mandatory Service Bulletin A300– 57A6108, including Appendices 01 and 02, dated September 12, 2008; and Service Bulletin A300–57–6052, Revision 03, dated May 27, 2002, including Drawings 15R53810394, Issue A, dated December 21, 1998, and 21R57110247, Issue A, dated June 20, 1997. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 153 products of U.S. registry. We also estimate that it would take about 3 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $36,720, or $240 per product. 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: E:\FR\FM\28OCP1.SGM 28OCP1 Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Proposed Rules 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 determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed 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 proposed AD and placed it in the AD docket. 55487 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 6053 (Airbus Modification 10453), as applicable, have been incorporated as a corrective action (repair following crack finding), no action is required by this AD. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: Subject 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. The FAA amends § 39.13 by adding the following new AD: Airbus: Docket No. FAA–2009–0993; Directorate Identifier 2009–NM–089–AD. Comments Due Date (a) We must receive comments by December 14, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Airbus airplanes, certificated in any category, as identified in paragraphs (c)(1) and (c)(2) of this AD. (1) Model A300 B4–2C, B4–103, and B4– 203 airplanes, all serial numbers, modified preventively in service (without preliminary crack findings) in accordance with Airbus Service Bulletin A300–53–0297 (Airbus Modification 10453). (2) Model A300 B4–601, B4–603, B4–605R, B4–620, B4–622, and B4–622R airplanes, all serial numbers, modified preventively in service (without preliminary crack findings) in accordance with Airbus Service Bulletin A300–57–6053 (Airbus Modification 10453). Note 1: For airplanes on which Airbus Service Bulletin A300–53–0297 or A300–57– (d) Air Transport Association (ATA) of America Code 53: Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: One A300–600 aeroplane operator reported that, during a routine inspection, the Right Hand frame 40 forward fitting between stringer 32 and stringer 33 was found cracked. The subject aeroplane had previously been modified in accordance with Airbus SB A300–57–6053 (Airbus Modification 10453). This condition, if not corrected, could result in a deterioration of the structural integrity of the frame. As no fatigue maintenance tasks (Inspection SB or Airworthiness Limitation Item) presently exist to inspect the affected area for aeroplanes having incorporated Airbus Modification 10453 preventively (without preliminary crack finding), Airbus has developed a new inspection [for cracking, and repair if necessary] to ensure structural integrity of the concerned area of frame 40. * * * * * Actions and Compliance (f) Unless already done, do the following actions. (1) At the applicable time specified in Table 1 of this AD: Do a one-time detailed visual inspection of the forward fitting at frame 40 on both sides of the airplane, in accordance with Airbus Mandatory Service Bulletin A300–57A6108 (for Model A300 B4– 601, B4–603, B4–605R, B4–620, B4–622, and B4–622R airplanes) or A300–53A0387 (for Model A300 B4–2C, B4–103, and B4–203 airplanes), both including Appendices 01 and 02, both dated September 12, 2008. TABLE 1—COMPLIANCE TIMES Compliance time A300 B4–2C and B4–103 airplanes on which Airbus Service Bulletin A300–53–0297 was done prior to the accumulation of 9,000 total flight cycles. A300 B4–2C and B4–103 airplanes on which Airbus Service Bulletin A300–53–0297 was done on or after the accumulation of 9,000 total flight cycles. mstockstill on DSKH9S0YB1PROD with PROPOSALS Airplane models/configuration Prior to the accumulation of 18,000 total flight cycles, or within 3 months after the effective date of this AD, whichever occurs later. A300 B4–203 airplanes on which Airbus Service Bulletin A300–53–0297 was done prior to the accumulation of 8,300 total flight cycles. A300 B4–203 airplanes on which Airbus Service Bulletin A300–53–0297 was done on or after the accumulation of 8,300 total flight cycles. A300 B4–601, B4–603, B4–605R, B4–620, B4–622, and B4–622R airplanes on which Airbus Service Bulletin A300–57–6053 was done prior to the accumulation of 6,100 total flight cycles. VerDate Nov<24>2008 16:11 Oct 27, 2009 Jkt 220001 PO 00000 Within 5,500 flight cycles after accomplishment of Airbus Service Bulletin A300–53– 0297, or within 6 months after the effective date of this AD, whichever occurs later; except, for airplanes that, as of the effective date of this AD, have accumulated 11,000 flight cycles or more since accomplishment of Airbus Service Bulletin A300–53–0297, within 3 months after the effective date of this AD. Prior to the accumulation of 15,000 total flight cycles, or within 3 months after the effective date of this AD, whichever occurs later. Within 4,100 flight cycles after accomplishment of Airbus Service Bulletin A300–53– 0297, or within 6 months after the effective date of this AD, whichever occurs later; except, for airplanes that, as of the effective date of this AD, have accumulated 8,200 flight cycles or more since accomplishment of Airbus Service Bulletin A300– 53–0297, within 3 months after the effective date of this AD. Prior to the accumulation of 11,500 total flight cycles, or within 3 months after the effective date of this AD, whichever occurs later. Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\28OCP1.SGM 28OCP1 55488 Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Proposed Rules TABLE 1—COMPLIANCE TIMES—Continued Airplane models/configuration Compliance time A300 B4–601, B4–603, B4–605R, B4–620, B4–622, and B4–622R airplanes on which Airbus Service Bulletin A300–57–6053 was done on or after the accumulation of 6,100 total flight cycles. Within 3,300 flight cycles after accomplishment of Airbus Service Bulletin A300–57– 6053, or within 6 months after the effective date of this AD, whichever occurs later; except, for airplanes that, as of the effective date of this AD, have accumulated 6,600 flight cycles or more since accomplishment of Airbus Service Bulletin A300– 57–6053, within 3 months after the effective date of this AD. (2) Except as required by paragraph (f)(3) of this AD: If any crack is found during the inspection required by paragraph (f)(1) of this AD, before further flight, do a temporary or definitive repair, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300–53–0268, Revision 06, dated January 7, 2002 (for Model A300 B4–2C, B4–103, and B4–203 airplanes); or A300–57–6052, Revision 03, dated May 27, 2002, including Drawings 15R53810394, Issue A, dated December 21, 1998, and 21R57110247, Issue A, dated June 20, 1997 (for Model A300 B4–601, B4–603, B4–605R, B4–620, B4–622, and B4–622R airplanes). (3) If any crack found during the inspection required by paragraph (f)(1) of this AD cannot be repaired in accordance with Airbus Service Bulletin A300–53–0268, Revision 06, dated January 7, 2002; or A300–57–6052, Revision 03, dated May 27, 2002: Contact Airbus for repair instructions and before further flight repair the crack using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA. (4) Submit an inspection report in accordance with Appendix 01 of Airbus Mandatory Service Bulletin A300–53A0387, dated September 12, 2008 (for Model A300 B4–2C, B4–103, and B4–203 airplanes); or Airbus Mandatory Service Bulletin A300– 57A6108, dated September 12, 2008 (for Model A300 B4–601, B4–603, B4–605R, B4– 620, B4–622, and B4–622R airplanes); to the address identified on the reporting sheet, at the applicable time specified in paragraph (f)(4)(i) or (f)(4)(ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: Although the MCAI or Airbus Service Bulletin A300–53–0268, Revision 06, dated January 7, 2002; or A300–57–6052, Revision 03, dated May 27, 2002; allows further flight after cracks are found during compliance with the required action, paragraph (f)(3) of this AD requires that you repair the cracks before further flight. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2009– 0094, dated April 21, 2009 (Correction: May 29, 2009); and the applicable service information specified in Table 2 of this AD for related information. TABLE 2—RELATED SERVICE INFORMATION Revision Airbus Mandatory Service Bulletin A300–53A0387, including Appendices 01 and 02 .................... Airbus Mandatory Service Bulletin A300–57A6108, including Appendices 01 and 02 .................... Airbus Service Bulletin A300–53–0268 ............................................................................................ Airbus Service Bulletin A300–57–6052, including Drawings 15R53810394, Issue A, dated December 21, 1998, and 21R57110247, Issue A, dated June 20, 1997. mstockstill on DSKH9S0YB1PROD with PROPOSALS Document Original ............ Original ............ 06 .................... 03 .................... Issued in Renton, Washington, on October 19, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–25864 Filed 10–27–09; 8:45 am] ACTION: Notice of proposed rulemaking (NPRM). BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0994; Directorate Identifier 2009–NM–108–AD] RIN 2120–AA64 Airworthiness Directives; Dassault Model Falcon 900EX Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. VerDate Nov<24>2008 16:11 Oct 27, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Date September 12, 2008. September 12, 2008. January 7, 2002. May 27, 2002. SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: A quality control performed during completion of one Falcon 900EX aeroplane E:\FR\FM\28OCP1.SGM 28OCP1

Agencies

[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Proposed Rules]
[Pages 55485-55488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25864]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0993; Directorate Identifier 2009-NM-089-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-2C, B4-103, and 
B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, and B4-622R Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
* * * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 14, 
2009.

[[Page 55486]]


ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; e-mail: account.airworth-eas@airbus.com; Internet https://www.airbus.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0993; 
Directorate Identifier 2009-NM-089-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2009-0094, dated April 21, 2009 (Correction: 
May 29, 2009) (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
    As no fatigue maintenance tasks (Inspection SB or Airworthiness 
Limitation Item) presently exist to inspect the affected area for 
aeroplanes having incorporated Airbus Modification 10453 
preventively (without preliminary crack finding), Airbus has 
developed a new inspection [for cracking, and repair if necessary] 
to ensure structural integrity of the concerned area of frame 40.
* * * * *

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued the following service information. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.
     For Model A300 airplanes: Mandatory Service Bulletin A300-
53A0387, including Appendices 01 and 02, dated September 12, 2008; and 
Service Bulletin A300-53-0268, Revision 06, dated January 7, 2002.
     For Model A300-600 airplanes: Mandatory Service Bulletin 
A300-57A6108, including Appendices 01 and 02, dated September 12, 2008; 
and Service Bulletin A300-57-6052, Revision 03, dated May 27, 2002, 
including Drawings 15R53810394, Issue A, dated December 21, 1998, and 
21R57110247, Issue A, dated June 20, 1997.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 153 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $36,720, or $240 per product.

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:

[[Page 55487]]

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2009-0993; Directorate Identifier 2009-NM-
089-AD.

Comments Due Date

    (a) We must receive comments by December 14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus airplanes, certificated in any 
category, as identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A300 B4-2C, B4-103, and B4-203 airplanes, all serial 
numbers, modified preventively in service (without preliminary crack 
findings) in accordance with Airbus Service Bulletin A300-53-0297 
(Airbus Modification 10453).
    (2) Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-
622R airplanes, all serial numbers, modified preventively in service 
(without preliminary crack findings) in accordance with Airbus 
Service Bulletin A300-57-6053 (Airbus Modification 10453).

    Note 1: For airplanes on which Airbus Service Bulletin A300-53-
0297 or A300-57-6053 (Airbus Modification 10453), as applicable, 
have been incorporated as a corrective action (repair following 
crack finding), no action is required by this AD.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
    As no fatigue maintenance tasks (Inspection SB or Airworthiness 
Limitation Item) presently exist to inspect the affected area for 
aeroplanes having incorporated Airbus Modification 10453 
preventively (without preliminary crack finding), Airbus has 
developed a new inspection [for cracking, and repair if necessary] 
to ensure structural integrity of the concerned area of frame 40.
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in Table 1 of this AD: Do a 
one-time detailed visual inspection of the forward fitting at frame 
40 on both sides of the airplane, in accordance with Airbus 
Mandatory Service Bulletin A300-57A6108 (for Model A300 B4-601, B4-
603, B4-605R, B4-620, B4-622, and B4-622R airplanes) or A300-53A0387 
(for Model A300 B4-2C, B4-103, and B4-203 airplanes), both including 
Appendices 01 and 02, both dated September 12, 2008.

                        Table 1--Compliance Times
------------------------------------------------------------------------
   Airplane models/configuration               Compliance time
------------------------------------------------------------------------
A300 B4-2C and B4-103 airplanes on  Prior to the accumulation of 18,000
 which Airbus Service Bulletin       total flight cycles, or within 3
 A300-53-0297 was done prior to      months after the effective date of
 the accumulation of 9,000 total     this AD, whichever occurs later.
 flight cycles.
A300 B4-2C and B4-103 airplanes on  Within 5,500 flight cycles after
 which Airbus Service Bulletin       accomplishment of Airbus Service
 A300-53-0297 was done on or after   Bulletin A300-53-0297, or within 6
 the accumulation of 9,000 total     months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 11,000 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-203 airplanes on which      Prior to the accumulation of 15,000
 Airbus Service Bulletin A300-53-    total flight cycles, or within 3
 0297 was done prior to the          months after the effective date of
 accumulation of 8,300 total         this AD, whichever occurs later.
 flight cycles.
A300 B4-203 airplanes on which      Within 4,100 flight cycles after
 Airbus Service Bulletin A300-53-    accomplishment of Airbus Service
 0297 was done on or after the       Bulletin A300-53-0297, or within 6
 accumulation of 8,300 total         months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 8,200 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-601, B4-603, B4-605R, B4-   Prior to the accumulation of 11,500
 620, B4-622, and B4-622R            total flight cycles, or within 3
 airplanes on which Airbus Service   months after the effective date of
 Bulletin A300-57-6053 was done      this AD, whichever occurs later.
 prior to the accumulation of
 6,100 total flight cycles.

[[Page 55488]]

 
A300 B4-601, B4-603, B4-605R, B4-   Within 3,300 flight cycles after
 620, B4-622, and B4-622R            accomplishment of Airbus Service
 airplanes on which Airbus Service   Bulletin A300-57-6053, or within 6
 Bulletin A300-57-6053 was done on   months after the effective date of
 or after the accumulation of        this AD, whichever occurs later;
 6,100 total flight cycles.          except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 6,600 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-57-6053,
                                     within 3 months after the effective
                                     date of this AD.
------------------------------------------------------------------------

     (2) Except as required by paragraph (f)(3) of this AD: If any 
crack is found during the inspection required by paragraph (f)(1) of 
this AD, before further flight, do a temporary or definitive repair, 
as applicable, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7, 
2002 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or A300-
57-6052, Revision 03, dated May 27, 2002, including Drawings 
15R53810394, Issue A, dated December 21, 1998, and 21R57110247, 
Issue A, dated June 20, 1997 (for Model A300 B4-601, B4-603, B4-
605R, B4-620, B4-622, and B4-622R airplanes).
    (3) If any crack found during the inspection required by 
paragraph (f)(1) of this AD cannot be repaired in accordance with 
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7, 
2002; or A300-57-6052, Revision 03, dated May 27, 2002: Contact 
Airbus for repair instructions and before further flight repair the 
crack using a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA.
    (4) Submit an inspection report in accordance with Appendix 01 
of Airbus Mandatory Service Bulletin A300-53A0387, dated September 
12, 2008 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or 
Airbus Mandatory Service Bulletin A300-57A6108, dated September 12, 
2008 (for Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and 
B4-622R airplanes); to the address identified on the reporting 
sheet, at the applicable time specified in paragraph (f)(4)(i) or 
(f)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or Airbus Service Bulletin A300-53-
0268, Revision 06, dated January 7, 2002; or A300-57-6052, Revision 
03, dated May 27, 2002; allows further flight after cracks are found 
during compliance with the required action, paragraph (f)(3) of this 
AD requires that you repair the cracks before further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office. The AMOC 
approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0094, dated April 21, 2009 (Correction: May 29, 
2009); and the applicable service information specified in Table 2 
of this AD for related information.

                                      Table 2--Related Service Information
----------------------------------------------------------------------------------------------------------------
                Document                           Revision                              Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-   Original.................  September 12, 2008.
 53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300-   Original.................  September 12, 2008.
 57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268....  06.......................  January 7, 2002.
Airbus Service Bulletin A300-57-6052,     03.......................  May 27, 2002.
 including Drawings 15R53810394, Issue
 A, dated December 21, 1998, and
 21R57110247, Issue A, dated June 20,
 1997.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25864 Filed 10-27-09; 8:45 am]
BILLING CODE 4910-13-P
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