Airworthiness Directives; Airbus Airplanes, 2042-2045 [2018-00110]

Download as PDF 2042 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations (5) You may view this service information that is incorporated by reference 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/cfr/ibrlocations.html. Issued in Fort Worth, Texas, on January 8, 2018. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2018–00478 Filed 1–12–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0514; Product Identifier 2016–NM–206–AD; Amendment 39–19148; AD 2018–01–07] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all Airbus Model A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes) airplanes. This AD was prompted by a revision of certain airworthiness limitation item (ALI) documents, which require more restrictive maintenance requirements and airworthiness limitations. This AD requires revising the maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. We are issuing this AD to address the unsafe condition on these products. SUMMARY: This AD is effective February 20, 2018. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 20, 2018. ADDRESSES: For service information identified in this final rule, contact Airbus SAS, Airworthiness Office— EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; internet http:// daltland on DSKBBV9HB2PROD with RULES DATES: VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017– 0514. Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0514; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647– 5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057–3356; telephone 425–227–2125; fax 425–227– 1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes). The NPRM published in the Federal Register on June 2, 2017 (82 FR 25552) (‘‘the NPRM’’). The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016–0218, dated November 2, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Airbus Model A300 B4–600, B4– 600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes). The MCAI states: The airworthiness limitations for Airbus A300–600 aeroplanes, which are approved by EASA, are currently defined and published PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 in the Airbus A300–600 Airworthiness Limitations Section (ALS) document(s). These instructions have been identified as mandatory actions for continued airworthiness. Failure to accomplish these instructions could result in an unsafe condition. EASA previously issued [EASA] AD 2014– 0124 (later revised) [which includes actions for Airbus A300–600 airplanes; those actions are included in FAA AD 2013–13–13, Amendment 39–17501 (79 FR 48957, August 19, 2014) (‘‘AD 2013–13–13’’)], requiring the actions described in Airbus A300–600 Airworthiness Limitation Item (ALI) Document at issue 13 and Temporary Revision (TR) 13.1. Since EASA AD 2014–0124R1 was issued, Airbus replaced A300–600 ALI Document issue 13, with A300–600 ALS Part 2 Revision 01 and then published the A300–600 ALS Part 2 Variation 1.1 and Variation 1.2, to introduce more restrictive maintenance requirements and/or airworthiness limitations. A300–600 ALS Part 2 Variation 1.1 also includes ALI 571067 and ALI 571068, superseding Service Bulletin A300–53–6154, which is referenced in EASA AD 2006–0257 [which corresponds to FAA AD 2007–22–05, Amendment 39–15241 (72 FR 60236, October 24, 2007) (‘‘AD 2007–22–05’’)]. For the reasons described above, this [EASA] AD retains part of the requirements of EASA AD 2014–0124R1, which will be superseded, and requires accomplishment of the actions specified in Airbus A300–600 ALS Part 2 Revision 01, and ALS Part 2 Variation 1.1 and ALS Part 2 Variation 1.2 (hereafter collectively referred to as ‘the ALS’ in this [EASA] AD), and supersedes EASA AD 2006–0257. The remaining requirements of EASA AD 2014–0124R1 are retained in AD 2016–0217, applicable to A310 aeroplanes, published at the same time as this [EASA] AD. You may examine the MCAI in the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0514. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response. FedEx generally supported the NPRM. Request To Provide an Additional Compliance Time Grace Period United Parcel Service (UPS) requested that the compliance time specified in paragraph (g) of the NPRM be revised to add an additional grace period. UPS pointed out that there are several new or revised tasks with relatively low compliance time thresholds that would lead to short lead times on accomplishing those tasks after the effective date of the AD. UPS referenced the compliance time required in AD E:\FR\FM\16JAR1.SGM 16JAR1 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2013–13–13 as an example of the type of grace period it envisions, which specifies that a compliance time, in flight cycles (FC), that is after the publication date of the applicable service information should be considered as after the effective date of that AD. UPS suggested that where the compliance time in Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT— ALI),’’ Revision 01, dated August 7, 2015, specifies ‘‘within 2000 FC from Jun 11/15,’’ the proposed AD should specify that phrase as ‘‘within 2000 FC from the effective date of this AD.’’ UPS anticipated submitting a request for an alternative method of compliance (AMOC) if the additional grace period is not added. We do not agree with the commenter’s request to add an additional grace period. We have reviewed the compliance times specified in the service information and have determined that the compliance times specified and grace periods provided in both the service information and in paragraph (g) of this AD are sufficient to allow compliance. However, under the provisions of paragraph (j)(1) of this AD, we will also consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety. We have not changed the AD in this regard. Request To Allow AMOCs Previously Approved for AD 2013–13–13 FedEx requested that AMOCs for AD 2013–13–13 be applicable to this AD. No further justification was provided. We agree to allow AMOCs that were previously approved for AD 2013–13–13 as AMOCs for this AD. We have revised paragraph (j)(1) of this AD and added paragraphs (j)(1)(i) and (j)(1)(ii) to this AD to add that provision. Request To Revise Cost Estimate FedEx requested that the cost information be revised to include the costs of additional actions such as AD tracking and planning, changing work cards and the maintenance program, getting local FAA approvals, and aircraft down time. FedEx proposed that the cost for U.S. operators would exceed $500,000. We agree to revise the cost information. Based on the information provided by FedEx, we have revised the estimated work-hours from 1 work-hour to 90 work-hours. We recognize that revising the maintenance or inspection program to incorporate changes in multiple tasks or a new revision level of a section of an ALS document would take more time than a change in a single task. The cost analysis in AD rulemaking actions, however, typically does not include incidental costs such as the time necessary for planning or time necessitated by other administrative actions. Those incidental costs, which might vary significantly among operators, are almost impossible to calculate. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes: 2043 • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 We reviewed the following service information: • Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Revision 01, dated August 7, 2015. • Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Variation 1.1, dated January 25, 2016. • Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Variation 1.2, dated July 22, 2016. The service information describes airworthiness limitations applicable to the DT ALIs. These documents are distinct because they contain unique tasks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 128 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Cost per product Action Labor cost Parts cost Maintenance program revision ................... 90 work-hours × $85 per hour = $7,650 .. None ........................ daltland on DSKBBV9HB2PROD with RULES 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: 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 VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 $7,650 Cost on U.S. operators $979,200 as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Regulatory Findings We determined that this AD will not have federalism implications under E:\FR\FM\16JAR1.SGM 16JAR1 2044 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations Executive Order 13132. This AD 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. For the reasons discussed above, I certify that this AD: 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); 3. Will not affect intrastate aviation in Alaska; and 4. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2018–01–07 Airbus: Amendment 39–19148; Docket No. FAA–2017–0514; Product Identifier 2016–NM–206–AD. (a) Effective Date This AD is effective February 20, 2018. (b) Affected ADs This AD affects AD 2007–22–05, Amendment 39–15241 (72 FR 60236, October 24, 2007) (‘‘AD 2007–22–05’’) and AD 2013– 13–13, Amendment 39–17501 (79 FR 48957, August 19, 2014) (‘‘AD 2013–13–13’’). daltland on DSKBBV9HB2PROD with RULES (c) Applicability This AD applies to all Airbus Model A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, F4–605R, F4–622R, and C4–605R Variant F airplanes, certificated in any category, all manufacturer serial numbers. (d) Subject Air Transport Association (ATA) of America Code 05, Time limits/maintenance checks. (e) Reason This AD was prompted by a revision of certain airworthiness limitation item (ALI) VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 documents, which require more restrictive maintenance requirements and airworthiness limitations. We are issuing this AD to prevent fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Revision of Maintenance or Inspection Program Within 3 months after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information specified in the service information identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. The initial compliance times for doing the tasks are at the time specified in the service information identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, or within 3 months after the effective date of this AD, whichever occurs later. (1) Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Revision 01, dated August 7, 2015. (2) Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Variation 1.1, dated January 25, 2016. (3) Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Variation 1.2, dated July 22, 2016. (h) No Alternative Actions or Intervals After the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), or intervals, may be used unless the actions, or intervals, are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD. (i) Terminating Actions Accomplishing the actions required by this AD terminates all of the requirements of AD 2007–22–05 and AD 2013–13–13 for that airplane only. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (l)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (ii) AMOCs approved previously for AD 2013–13–13 are approved as AMOCs for the corresponding provisions of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016–0218, dated November 2, 2016, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017–0514. (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057–3356; telephone 425– 227–2125; fax 425–227–1149. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Revision 01, dated August 7, 2015. (ii) Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Variation 1.1, dated January 25, 2016. (iii) Airbus A300–600 Airworthiness Limitations Section (ALS), Part 2, ‘‘Damage Tolerant Airworthiness Limitation Items (DT—ALI),’’ Variation 1.2, dated July 22, 2016. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; internet http://www.airbus.com. (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on E:\FR\FM\16JAR1.SGM 16JAR1 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on December 27, 2017. John P. Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–00110 Filed 1–12–18; 8:45 am] BILLING CODE 4910–13–P These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Effective: This final rule is effective January 15, 2018. DATES: FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358–0216. SUPPLEMENTARY INFORMATION: I. Background NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1264 and 1271 [Document Number NASA–17–094: Docket Number–NASA–2017–0004] RIN 2700–AE30 Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2018 National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: The National Aeronautics and Space Administration (NASA) has adopted a final rule making inflation adjustments to civil monetary penalties within its jurisdiction. This final rule represents the annual 2018 inflation adjustments of monetary penalties. SUMMARY: The Inflation Adjustment Act, as amended by the 2015 Act, required Federal agencies to adjust the civil penalty amounts within their jurisdiction for inflation by July 1, 2016. Subsequent to the 2016 adjustment, Federal agencies were required to make an annual inflation adjustment by January 15 every year thereafter.1 Agencies were required to make the initial 2016 adjustments through an interim final rulemaking published in the Federal Register.2 Under the amended Act, any increase in a civil penalty made under the Act will apply to penalties assessed after the increase takes effect, including penalties whose associated violation predated the increase.3 The inflation adjustments mandated by the Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. 2045 On June 26, 2017, NASA published its interim final rule providing for the initial adjustment called for under the Act.4 The public comment period interim final rule closed on August 24, 2016, and the rule became effective on August 25, 2017. On October 20, 2017, NASA adopted this interim rule as final.5 In its final rule, NASA also amended the interim rule to incorporate the required annual adjustments for 2017. Pursuant to the Act, adjustments to the civil penalties are required to be made by January 15 of each year. The annual adjustments are based on the percent change between the U.S. Department of Labor’s Consumer Price Index for All Urban Consumers (‘‘CPI– U’’) for the month of October preceding the date of the adjustment, and the CPI– U for October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on that formula, the cost-of-living adjustment multiplier for 2018 is 1.02041 percent. Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar. II. The Final Rule This final rule makes the required adjustments to civil penalties for 2018. Applying the 2018 multiplier above, the adjustments for each penalty are summarized below. Penalty description Program Fraud Civil Remedies Act of 1986 ................ Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Maximum Penalties for False Claims ........................... Minimum Penalty for use of appropriated funds to lobby or influence certain contracts. $10,957 19,246 $11,181 19,639 Maximum Penalty for use of appropriated funds to lobby or influence certain contracts. 192,459 196,387 Minimum penalty for failure to report certain lobbying transactions. 19,246 19,639 Maximum penalty for failure to report certain lobbying transactions. 192,459 196,387 daltland on DSKBBV9HB2PROD with RULES This rule codifies these civil penalty amounts by amending parts 1264 and 1271 of title 14 of the CFR. 1 See 28 U.S.C. 2461 note. statute also provides that, for the initial 2016 adjustment, an agency may adjust a civil penalty by less than the otherwise required amount if (1) it determines, after publishing a notice of proposed rulemaking and providing an opportunity for comment, that increasing the civil penalty by the otherwise required amount would have a negative economic impact or that the social costs 2 The VerDate Sep<11>2014 17:55 Jan 12, 2018 Jkt 244001 III. Legal Authority and Effective Date NASA issues this rule under the Federal Civil Penalties Inflation Adjustment Act of 1990,6 as amended by the Debt Collection Improvement Act of increasing the civil penalty by the otherwise required amount outweigh the benefits, and (2) the Director of the Office of Management and Budget concurs with that determination. Inflation Adjustment Act section 4(c), codified at 28 UUSC 2461 note. NASA has chosen not to make use of this exception. 3 Inflation Adjustment Act section 6, codified at 28 U.S.C. 2461 note. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 2017 penalty Penalty adjusted for 2018 Law of 1996,7 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,8 which requires NASA to adjust the civil penalties within its jurisdiction 4 82 FR 28760. FR 48760. 6 Public Law 101–410, 104 Stat. 890 (1990). 7 Public Law 104–134, section 31001(s)(1), 110 Stat. 1321, 1321–373 (1996). 8 Public Law 114–74, section 701, 129 Stat. 584, 599 (2015). 5 82 E:\FR\FM\16JAR1.SGM 16JAR1

Agencies

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2042-2045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00110]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0514; Product Identifier 2016-NM-206-AD; Amendment 
39-19148; AD 2018-01-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and 
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes) airplanes. This AD was prompted by a revision of 
certain airworthiness limitation item (ALI) documents, which require 
more restrictive maintenance requirements and airworthiness 
limitations. This AD requires revising the maintenance or inspection 
program, as applicable, to incorporate new maintenance requirements and 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective February 20, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 20, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email [email protected]; internet 
http://www.airbus.com. You may view this referenced service information 
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0514.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0514; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Airbus Model A300 B4-
600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R 
Variant F airplanes (collectively called Model A300-600 series 
airplanes). The NPRM published in the Federal Register on June 2, 2017 
(82 FR 25552) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0218, dated November 2, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus Model A300 B4-600, B4-600R, 
and F4-600R series airplanes, and Model A300 C4-605R Variant F 
airplanes (collectively called Model A300-600 series airplanes). The 
MCAI states:

    The airworthiness limitations for Airbus A300-600 aeroplanes, 
which are approved by EASA, are currently defined and published in 
the Airbus A300-600 Airworthiness Limitations Section (ALS) 
document(s). These instructions have been identified as mandatory 
actions for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued [EASA] AD 2014-0124 (later revised) 
[which includes actions for Airbus A300-600 airplanes; those actions 
are included in FAA AD 2013-13-13, Amendment 39-17501 (79 FR 48957, 
August 19, 2014) (``AD 2013-13-13'')], requiring the actions 
described in Airbus A300-600 Airworthiness Limitation Item (ALI) 
Document at issue 13 and Temporary Revision (TR) 13.1.
    Since EASA AD 2014-0124R1 was issued, Airbus replaced A300-600 
ALI Document issue 13, with A300-600 ALS Part 2 Revision 01 and then 
published the A300-600 ALS Part 2 Variation 1.1 and Variation 1.2, 
to introduce more restrictive maintenance requirements and/or 
airworthiness limitations.
    A300-600 ALS Part 2 Variation 1.1 also includes ALI 571067 and 
ALI 571068, superseding Service Bulletin A300-53-6154, which is 
referenced in EASA AD 2006-0257 [which corresponds to FAA AD 2007-
22-05, Amendment 39-15241 (72 FR 60236, October 24, 2007) (``AD 
2007-22-05'')].
    For the reasons described above, this [EASA] AD retains part of 
the requirements of EASA AD 2014-0124R1, which will be superseded, 
and requires accomplishment of the actions specified in Airbus A300-
600 ALS Part 2 Revision 01, and ALS Part 2 Variation 1.1 and ALS 
Part 2 Variation 1.2 (hereafter collectively referred to as `the 
ALS' in this [EASA] AD), and supersedes EASA AD 2006-0257. The 
remaining requirements of EASA AD 2014-0124R1 are retained in AD 
2016-0217, applicable to A310 aeroplanes, published at the same time 
as this [EASA] AD.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0514.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response. FedEx generally supported the NPRM.

Request To Provide an Additional Compliance Time Grace Period

    United Parcel Service (UPS) requested that the compliance time 
specified in paragraph (g) of the NPRM be revised to add an additional 
grace period. UPS pointed out that there are several new or revised 
tasks with relatively low compliance time thresholds that would lead to 
short lead times on accomplishing those tasks after the effective date 
of the AD. UPS referenced the compliance time required in AD

[[Page 2043]]

2013-13-13 as an example of the type of grace period it envisions, 
which specifies that a compliance time, in flight cycles (FC), that is 
after the publication date of the applicable service information should 
be considered as after the effective date of that AD. UPS suggested 
that where the compliance time in Airbus A300-600 Airworthiness 
Limitations Section (ALS), Part 2, ``Damage Tolerant Airworthiness 
Limitation Items (DT--ALI),'' Revision 01, dated August 7, 2015, 
specifies ``within 2000 FC from Jun 11/15,'' the proposed AD should 
specify that phrase as ``within 2000 FC from the effective date of this 
AD.'' UPS anticipated submitting a request for an alternative method of 
compliance (AMOC) if the additional grace period is not added.
    We do not agree with the commenter's request to add an additional 
grace period. We have reviewed the compliance times specified in the 
service information and have determined that the compliance times 
specified and grace periods provided in both the service information 
and in paragraph (g) of this AD are sufficient to allow compliance. 
However, under the provisions of paragraph (j)(1) of this AD, we will 
also consider requests for approval of an extension of the compliance 
time if sufficient data are submitted to substantiate that the new 
compliance time would provide an acceptable level of safety. We have 
not changed the AD in this regard.

Request To Allow AMOCs Previously Approved for AD 2013-13-13

    FedEx requested that AMOCs for AD 2013-13-13 be applicable to this 
AD. No further justification was provided.
    We agree to allow AMOCs that were previously approved for AD 2013-
13-13 as AMOCs for this AD. We have revised paragraph (j)(1) of this AD 
and added paragraphs (j)(1)(i) and (j)(1)(ii) to this AD to add that 
provision.

Request To Revise Cost Estimate

    FedEx requested that the cost information be revised to include the 
costs of additional actions such as AD tracking and planning, changing 
work cards and the maintenance program, getting local FAA approvals, 
and aircraft down time. FedEx proposed that the cost for U.S. operators 
would exceed $500,000.
    We agree to revise the cost information. Based on the information 
provided by FedEx, we have revised the estimated work-hours from 1 
work-hour to 90 work-hours. We recognize that revising the maintenance 
or inspection program to incorporate changes in multiple tasks or a new 
revision level of a section of an ALS document would take more time 
than a change in a single task. The cost analysis in AD rulemaking 
actions, however, typically does not include incidental costs such as 
the time necessary for planning or time necessitated by other 
administrative actions. Those incidental costs, which might vary 
significantly among operators, are almost impossible to calculate.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--ALI),'' 
Revision 01, dated August 7, 2015.
     Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--ALI),'' 
Variation 1.1, dated January 25, 2016.
     Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--ALI),'' 
Variation 1.2, dated July 22, 2016.
    The service information describes airworthiness limitations 
applicable to the DT ALIs. These documents are distinct because they 
contain unique tasks. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 128 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                      Labor cost              Parts cost          product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance program revision.....  90 work-hours x $85 per   None...............          $7,650        $979,200
                                    hour = $7,650.
----------------------------------------------------------------------------------------------------------------

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: 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under

[[Page 2044]]

Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2018-01-07 Airbus: Amendment 39-19148; Docket No. FAA-2017-0514; 
Product Identifier 2016-NM-206-AD.

(a) Effective Date

    This AD is effective February 20, 2018.

(b) Affected ADs

    This AD affects AD 2007-22-05, Amendment 39-15241 (72 FR 60236, 
October 24, 2007) (``AD 2007-22-05'') and AD 2013-13-13, Amendment 
39-17501 (79 FR 48957, August 19, 2014) (``AD 2013-13-13'').

(c) Applicability

    This AD applies to all Airbus Model A300 B4-601, B4-603, B4-620, 
B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F 
airplanes, certificated in any category, all manufacturer serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a revision of certain airworthiness 
limitation item (ALI) documents, which require more restrictive 
maintenance requirements and airworthiness limitations. We are 
issuing this AD to prevent fatigue cracking, damage, or corrosion in 
principal structural elements, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Maintenance or Inspection Program

    Within 3 months after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in the service information identified in 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD. The initial 
compliance times for doing the tasks are at the time specified in 
the service information identified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD, or within 3 months after the effective date of 
this AD, whichever occurs later.
    (1) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Revision 01, dated August 7, 2015.
    (2) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.1, dated January 25, 2016.
    (3) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.2, dated July 22, 2016.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), or intervals, may be used unless the actions, or 
intervals, are approved as an alternative method of compliance 
(AMOC) in accordance with the procedures specified in paragraph 
(j)(1) of this AD.

(i) Terminating Actions

    Accomplishing the actions required by this AD terminates all of 
the requirements of AD 2007-22-05 and AD 2013-13-13 for that 
airplane only.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. Information 
may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (ii) AMOCs approved previously for AD 2013-13-13 are approved as 
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0218, dated November 2, 
2016, for related information. This MCAI may be found in the AD 
docket on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-0514.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 
425-227-2125; fax 425-227-1149.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Revision 01, dated August 7, 2015.
    (ii) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.1, dated January 25, 2016.
    (iii) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.2, dated July 22, 2016.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email [email protected]; 
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on

[[Page 2045]]

the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 27, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00110 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-13-P