Airworthiness Directives; Airbus SAS Airplanes, 20300-20303 [2019-09441]
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20300
Proposed Rules
Federal Register
Vol. 84, No. 90
Thursday, May 9, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0319; Product
Identifier 2019–NM–005–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2002–07–
05, which applies to all Airbus Model
A300 B2, A300 B4, A300 B4–600, and
A300 B4–600R series airplanes, and
Model A300 F4–605R airplanes. AD
2002–07–05 requires repetitive
inspections for cracking of certain
fittings, corrective action if necessary,
and, for certain airplanes, a
modification. AD 2002–07–05 also
provides an optional terminating action
for the repetitive inspections. Since we
issued AD 2002–07–05, we determined
that, for certain airplanes, the existing
inspection compliance times were not
sufficient to address the unsafe
condition and needed to be reduced.
This proposed AD would require
repetitive inspections for cracking of
certain fittings, corrective actions if
necessary, and, for certain airplanes, a
modification, as specified in an
European Aviation Safety Agency
(EASA) AD, which will be incorporated
by reference. We are proposing this AD
to address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by June 24, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
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SUMMARY:
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• 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
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For the incorporation by reference
(IBR) material described in the ‘‘Related
IBR material under 1 CFR part 51’’
section in SUPPLEMENTARY INFORMATION,
contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49
221 89990 1000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this IBR material at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0319; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(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 Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3225.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
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section. Include ‘‘Docket No. FAA–
2019–0319; Product Identifier 2019–
NM–005–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM based
on those comments.
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 NPRM.
Discussion
We issued AD 2002–07–05,
Amendment 39–12699 (67 FR 16983,
April 9, 2002) (‘‘AD 2002–07–05’’), for
all Airbus Model A300 B2, A300 B4,
A300 B4–600, and A300 B4–600R series
airplanes, and Model A300 F4–605R
airplanes. AD 2002–07–05 requires
repetitive inspections for cracking of
certain fittings, corrective action if
necessary, and, for certain airplanes, a
modification. AD 2002–07–05 also
provides an optional terminating action
for the repetitive inspections. AD 2002–
07–05 resulted from reports of cracked
frame (FR) 40 aft fittings at stringer 33
on the left and right sides of the
fuselage. The cracking has been
attributed to local stress concentrations
at the upper flange runout of FR40. We
issued AD 2002–07–05 to address
propagation of cracks on the FR40 aft
fittings due to local stress
concentrations at the upper flange
runout of FR40, which could result in
reduced structural integrity of the
airplane.
Actions Since AD 2002–07–05 Was
Issued
Since we issued AD 2002–07–05, we
determined that, for certain airplanes,
the existing inspection compliance
times were not sufficient to address the
unsafe condition and needed to be
reduced.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0011R1, dated February 22, 2019
(‘‘EASA AD 2019–0011R1’’) (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A300 series
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airplanes; Model A300 B4–600 series
airplanes; Model A300 B4–600R series
airplanes; and Model A300 C4–605R
Variant F airplanes; and certain Model
A300 F4–605R airplanes. The MCAI
states:
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After embodiment of Airbus SB [service
bulletin] A300–53–0161, cracks were
reported on three aeroplanes. Investigations
highlighted that these cracks were caused by
a local stress concentration at FR40 upper
flange run-out, where the profile of the FR40
changes at the centre wing box connection.
This condition, if not detected and
corrected, could affect the structural integrity
of the aeroplane.
Subsequently to this finding, Airbus
established a High Frequency Eddy Current
(HFEC) inspection program for A300
aeroplanes implemented in service through
Airbus SB A300–53–0296. In the same time,
Airbus launched mod. 10430 in production
line associated to SB A300–53–6048 for the
retrofit campaign for A300–600. The same
HFEC inspection program was defined for
A300–600 aeroplanes and included in SB
A300–53–6048 instructions.
[Direction Generale de l’Aviation Civile]
DGAC France AD F–1998–481–270 [which
corresponds to FAA AD 2002–07–05] was
published to mandate the embodiment of
these two SBs.
DGAC France AD F–2000–038–032 was
also published later to mandate Airbus SB
A300–53–9017 applicable to A300–600ST
aeroplanes.
Since DGAC France AD F–1998–481–270
and F–2000–038–032 were issued, material
data used in the frame of fatigue and damage
tolerance analysis has been changed. It was
determined that the existing threshold and
interval values must be reduced for A300–
600 and A300–600ST fleet. Consequently,
Airbus revised SB A300–53–6048 to Revision
05 and SB A300–53–9017 to Revision 02 to
take into account the new thresholds and
intervals.
For the reasons described above, this
[EASA] AD retains the requirement of DGAC
France AD F–1998–481–270R2 and F–2000–
038–032R1, which are superseded, and
introduces new thresholds and intervals for
A300–600 and A300–600ST aeroplanes.
This [EASA] AD is revised to correct a typo
in the Applicability, introduces Tables 1a
and 1b, replacing original Table 1, to clarify
inspection compliance times, and removes
Note 1. This revised [EASA] AD also grants
credit for actions accomplished using
previous revisions of the applicable SB.
For the Model A300–600 airplanes
(Model A300 B4–600 series airplanes;
Model A300 B4–600R series airplanes;
Model A300 C4–605R Variant F
airplanes; and Model A300 F4–605R
airplanes) that are pre-modification
10430, the initial compliance time is
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before 7,700 total flight cycles. For the
Model A300–600 airplanes that are postmodification 10430, the initial
compliance time is before 21,100 total
flight cycles. For Model A300 series
airplanes, the initial compliance time is
between 10,500 total flight cycles and
14,000 total flight cycles, depending on
configuration.
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2002–07–05, this proposed AD would
retain certain requirements of AD 2002–
07–05. Those requirements are
referenced in EASA AD 2019–0011R1,
which, in turn, is referenced in
paragraph (g) of this proposed AD.
Explanation of Change to Terminating
Action
Paragraph (e) of AD 2002–07–05 states
that accomplishment of the
modification specified in Airbus Service
Bulletin A300–57–6053, Revision 1,
dated October 31, 1995; or Revision 02,
dated June 2, 1999; or Airbus Service
Bulletin A300–53–0297, Revision 2,
dated October 31, 1995; terminates the
requirements of AD 2002–07–05.
However, EASA AD 2019–0011R1 does
not include terminating action.
Therefore, this proposed AD would not
include that terminating action.
Explanation of Change to Credit Service
Information
Note 2 of AD 2002–07–05 provides
credit for actions accomplished using
Airbus Service Bulletin A300–53–6048,
dated January 16, 1996. However, EASA
AD 2019–0011R1 does not include
credit for Airbus Service Bulletin A300–
53–6048, dated January 16, 1996.
Therefore, this proposed AD would not
include that credit.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0011R1 describes
procedures for modifying the profile of
the FR40 aft fittings for certain
airplanes, repetitive HFEC inspections
for cracking of certain fittings, corrective
actions for any cracking found, and
reporting inspections findings. This
material 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, and it is publicly
available through the EASA website.
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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 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.
Proposed Requirements of This NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0011R1 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD. This
proposed AD also would require
sending the inspection results to Airbus
SAS.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA worked with Airbus
and EASA to develop a process to use
certain EASA ADs as the primary source
of information for compliance with
requirements for corresponding FAA
ADs. As a result, EASA AD 2019–
0011R1 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with the provisions
specified in EASA AD 2019–0011R1,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD. Service information
specified in EASA AD 2019–0011R1
that is required for compliance with
EASA AD 2019–0011R1 will be
available on the internet https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0319 after the FAA final rule is
published.
Costs of Compliance
We estimate that this proposed AD
affects 66 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS *
Cost per
product
Parts cost
Cost on U.S.
operators
Action
Labor cost
Retained actions from AD
2002–07–05.
New proposed actions ........
Up to 102 work-hours × $85 per hour = $8,670 ...........
$874
Up to $9,544 ........
Up to $629,904.
Up to 37 work-hours × $85 per hour = $3,145 .............
2,550
Up to $5,695 ........
Up to $375,870.
* Table does not include estimated costs for reporting.
We estimate that it would take about
1 work-hour per product to comply with
the proposed reporting requirement in
this proposed AD. The average labor
rate is $85 per hour. Based on these
figures, we estimate the cost of reporting
the inspection results on U.S. operators
to be $5,610, or $85 per product.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition action
specified in this proposed AD.
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this NPRM is 2120–0056.
The paperwork cost associated with this
NPRM has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this NPRM is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to the FAA at 800
Independence Ave. SW, Washington,
DC 20591, ATTN: Information
Collection Clearance Officer, AES–200.
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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
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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 proposed 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 and associated
appliances to the Director of the System
Oversight Division.
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);
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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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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
removing Airworthiness Directive (AD)
2002–07–05, Amendment 39–12699 (67
FR 16983, April 9, 2002), and adding
the following new AD:
■
Airbus SAS: Docket No. FAA–2019–0319;
Product Identifier 2019–NM–005–AD.
(a) Comments Due Date
We must receive comments by June 24,
2019.
(b) Affected ADs
This AD replaces 2002–07–05, Amendment
39–12699 (67 FR 16983, April 9, 2002) (‘‘AD
2002–07–05’’).
(c) Applicability
This AD applies to Airbus SAS Model
airplanes specified in paragraphs (c)(1)
through (c)(5) of this AD, certificated in any
category, as identified in European Aviation
Safety Agency (EASA) AD 2019–0011R1,
dated February 22, 2019 (‘‘EASA AD 2019–
00R1’’).
(1) Model A300 B2–1A, B2–1C, B2K–3C,
B2–203, B4–2C, B4–103, and B4–203
airplanes.
(2) Model A300 B4–601, B4–603, B4–620,
and B4–622 airplanes.
(3) Model A300 B4–605R and B4–622R
airplanes.
(4) Model A300 C4–605R Variant F
airplanes.
(5) Model A300 F4–605R airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of
cracked frame (FR) 40 aft fittings at stringer
33 on the left and right sides of the fuselage,
and a determination that the existing
inspection compliance times were not
sufficient to address the unsafe condition and
needed to be reduced. We are issuing this AD
to address propagation of cracks on the FR40
aft fittings due to local stress concentrations
at the upper flange runout of FR40, which
could result in reduced structural integrity of
the airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2019–0011R1.
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(h) Exceptions to EASA AD 2019–0011R1
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0011R1 refers to its
effective date, or February 6, 2019 (the
effective date of EASA AD 2019–0011, dated
January 23, 2019) this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0011R1 does not apply to this AD.
(3) Paragraphs (7) and (8) of EASA AD
2018–0011R1 specify to report inspection
results to Airbus within a certain compliance
time. For this AD, report inspection results
at the applicable time specified in paragraph
(h)(3)(i) or (h)(3)(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.
(i) 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 (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
(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
2002–07–05 are approved as AMOCs for the
corresponding provisions of EASA AD 2019–
0011R1 that are required by paragraph (g) of
this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0011R1 that contains RC procedures
and tests: Except as required by paragraph
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(i)(2) of this AD, RC procedures and tests
must be done to comply with this AD; any
procedures or tests that are not identified as
RC are recommended. Those procedures and
tests that are not identified as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW, Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(j) Related Information
(1) For information about EASA AD 2019–
0011R1, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this EASA
AD at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
EASA AD 2019–0011R1 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0319.
(2) For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3225.
Issued in Des Moines, Washington, on May
1, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–09441 Filed 5–8–19; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0321; Product
Identifier 2019–NM–013–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320,
and A321 series airplanes. This
proposed AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations. We
are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on
this proposed AD by June 24, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Airbus SAS,
Airworthiness Office—EIAS, RondPoint Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5
61 93 36 96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
internet https://www.airbus.com. You
may view this service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
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[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Proposed Rules]
[Pages 20300-20303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09441]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Proposed
Rules
[[Page 20300]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0319; Product Identifier 2019-NM-005-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2002-07-
05, which applies to all Airbus Model A300 B2, A300 B4, A300 B4-600,
and A300 B4-600R series airplanes, and Model A300 F4-605R airplanes. AD
2002-07-05 requires repetitive inspections for cracking of certain
fittings, corrective action if necessary, and, for certain airplanes, a
modification. AD 2002-07-05 also provides an optional terminating
action for the repetitive inspections. Since we issued AD 2002-07-05,
we determined that, for certain airplanes, the existing inspection
compliance times were not sufficient to address the unsafe condition
and needed to be reduced. This proposed AD would require repetitive
inspections for cracking of certain fittings, corrective actions if
necessary, and, for certain airplanes, a modification, as specified in
an European Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. We are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 24, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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 W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the incorporation by reference (IBR) material described in the
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990 1000; email [email protected];
internet www.easa.europa.eu. You may find this IBR material on the EASA
website at https://ad.easa.europa.eu. You may view this IBR material at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available in the AD docket on the
internet at https://www.regulations.gov.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0319; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (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 Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0319;
Product Identifier 2019-NM-005-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
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 NPRM.
Discussion
We issued AD 2002-07-05, Amendment 39-12699 (67 FR 16983, April 9,
2002) (``AD 2002-07-05''), for all Airbus Model A300 B2, A300 B4, A300
B4-600, and A300 B4-600R series airplanes, and Model A300 F4-605R
airplanes. AD 2002-07-05 requires repetitive inspections for cracking
of certain fittings, corrective action if necessary, and, for certain
airplanes, a modification. AD 2002-07-05 also provides an optional
terminating action for the repetitive inspections. AD 2002-07-05
resulted from reports of cracked frame (FR) 40 aft fittings at stringer
33 on the left and right sides of the fuselage. The cracking has been
attributed to local stress concentrations at the upper flange runout of
FR40. We issued AD 2002-07-05 to address propagation of cracks on the
FR40 aft fittings due to local stress concentrations at the upper
flange runout of FR40, which could result in reduced structural
integrity of the airplane.
Actions Since AD 2002-07-05 Was Issued
Since we issued AD 2002-07-05, we determined that, for certain
airplanes, the existing inspection compliance times were not sufficient
to address the unsafe condition and needed to be reduced.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0011R1, dated February 22, 2019
(``EASA AD 2019-0011R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A300 series
[[Page 20301]]
airplanes; Model A300 B4-600 series airplanes; Model A300 B4-600R
series airplanes; and Model A300 C4-605R Variant F airplanes; and
certain Model A300 F4-605R airplanes. The MCAI states:
After embodiment of Airbus SB [service bulletin] A300-53-0161,
cracks were reported on three aeroplanes. Investigations highlighted
that these cracks were caused by a local stress concentration at
FR40 upper flange run-out, where the profile of the FR40 changes at
the centre wing box connection.
This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
Subsequently to this finding, Airbus established a High
Frequency Eddy Current (HFEC) inspection program for A300 aeroplanes
implemented in service through Airbus SB A300-53-0296. In the same
time, Airbus launched mod. 10430 in production line associated to SB
A300-53-6048 for the retrofit campaign for A300-600. The same HFEC
inspection program was defined for A300-600 aeroplanes and included
in SB A300-53-6048 instructions.
[Direction Generale de l'Aviation Civile] DGAC France AD F-1998-
481-270 [which corresponds to FAA AD 2002-07-05] was published to
mandate the embodiment of these two SBs.
DGAC France AD F-2000-038-032 was also published later to
mandate Airbus SB A300-53-9017 applicable to A300-600ST aeroplanes.
Since DGAC France AD F-1998-481-270 and F-2000-038-032 were
issued, material data used in the frame of fatigue and damage
tolerance analysis has been changed. It was determined that the
existing threshold and interval values must be reduced for A300-600
and A300-600ST fleet. Consequently, Airbus revised SB A300-53-6048
to Revision 05 and SB A300-53-9017 to Revision 02 to take into
account the new thresholds and intervals.
For the reasons described above, this [EASA] AD retains the
requirement of DGAC France AD F-1998-481-270R2 and F-2000-038-032R1,
which are superseded, and introduces new thresholds and intervals
for A300-600 and A300-600ST aeroplanes.
This [EASA] AD is revised to correct a typo in the
Applicability, introduces Tables 1a and 1b, replacing original Table
1, to clarify inspection compliance times, and removes Note 1. This
revised [EASA] AD also grants credit for actions accomplished using
previous revisions of the applicable SB.
For the Model A300-600 airplanes (Model A300 B4-600 series
airplanes; Model A300 B4-600R series airplanes; Model A300 C4-605R
Variant F airplanes; and Model A300 F4-605R airplanes) that are pre-
modification 10430, the initial compliance time is before 7,700 total
flight cycles. For the Model A300-600 airplanes that are post-
modification 10430, the initial compliance time is before 21,100 total
flight cycles. For Model A300 series airplanes, the initial compliance
time is between 10,500 total flight cycles and 14,000 total flight
cycles, depending on configuration.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2002-07-05, this proposed AD would retain certain
requirements of AD 2002-07-05. Those requirements are referenced in
EASA AD 2019-0011R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Explanation of Change to Terminating Action
Paragraph (e) of AD 2002-07-05 states that accomplishment of the
modification specified in Airbus Service Bulletin A300-57-6053,
Revision 1, dated October 31, 1995; or Revision 02, dated June 2, 1999;
or Airbus Service Bulletin A300-53-0297, Revision 2, dated October 31,
1995; terminates the requirements of AD 2002-07-05. However, EASA AD
2019-0011R1 does not include terminating action. Therefore, this
proposed AD would not include that terminating action.
Explanation of Change to Credit Service Information
Note 2 of AD 2002-07-05 provides credit for actions accomplished
using Airbus Service Bulletin A300-53-6048, dated January 16, 1996.
However, EASA AD 2019-0011R1 does not include credit for Airbus Service
Bulletin A300-53-6048, dated January 16, 1996. Therefore, this proposed
AD would not include that credit.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0011R1 describes procedures for modifying the profile
of the FR40 aft fittings for certain airplanes, repetitive HFEC
inspections for cracking of certain fittings, corrective actions for
any cracking found, and reporting inspections findings. This material
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, and it is publicly available through the EASA
website.
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 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.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0011R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD. This proposed AD also would require sending
the inspection results to Airbus SAS.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2019-0011R1 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2019-0011R1, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2019-0011R1 that is required
for compliance with EASA AD 2019-0011R1 will be available on the
internet https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0319 after the FAA final rule is published.
Costs of Compliance
We estimate that this proposed AD affects 66 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
[[Page 20302]]
Estimated Costs for Required Actions *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2002-07-05... Up to 102 work-hours x $85 per $874 Up to $9,544................... Up to $629,904.
hour = $8,670.
New proposed actions.................. Up to 37 work[dash]hours x $85 2,550 Up to $5,695................... Up to $375,870.
per hour = $3,145.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
We estimate that it would take about 1 work-hour per product to
comply with the proposed reporting requirement in this proposed AD. The
average labor rate is $85 per hour. Based on these figures, we estimate
the cost of reporting the inspection results on U.S. operators to be
$5,610, or $85 per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition action specified in this proposed
AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this NPRM is 2120-
0056. The paperwork cost associated with this NPRM has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this NPRM is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
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 proposed 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 and associated appliances to the
Director of the System Oversight Division.
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);
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.
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
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 removing Airworthiness Directive (AD)
2002-07-05, Amendment 39-12699 (67 FR 16983, April 9, 2002), and adding
the following new AD:
Airbus SAS: Docket No. FAA-2019-0319; Product Identifier 2019-NM-
005-AD.
(a) Comments Due Date
We must receive comments by June 24, 2019.
(b) Affected ADs
This AD replaces 2002-07-05, Amendment 39-12699 (67 FR 16983,
April 9, 2002) (``AD 2002-07-05'').
(c) Applicability
This AD applies to Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (c)(5) of this AD, certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2019-0011R1, dated February 22, 2019 (``EASA AD 2019-00R1'').
(1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and
B4-203 airplanes.
(2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
(3) Model A300 B4-605R and B4-622R airplanes.
(4) Model A300 C4-605R Variant F airplanes.
(5) Model A300 F4-605R airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of cracked frame (FR) 40 aft
fittings at stringer 33 on the left and right sides of the fuselage,
and a determination that the existing inspection compliance times
were not sufficient to address the unsafe condition and needed to be
reduced. We are issuing this AD to address propagation of cracks on
the FR40 aft fittings due to local stress concentrations at the
upper flange runout of FR40, which could result in reduced
structural integrity of the airplane.
[[Page 20303]]
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0011R1.
(h) Exceptions to EASA AD 2019-0011R1
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0011R1 refers to its effective date,
or February 6, 2019 (the effective date of EASA AD 2019-0011, dated
January 23, 2019) this AD requires using the effective date of this
AD.
(2) The ``Remarks'' section of EASA AD 2019-0011R1 does not
apply to this AD.
(3) Paragraphs (7) and (8) of EASA AD 2018-0011R1 specify to
report inspection results to Airbus within a certain compliance
time. For this AD, report inspection results at the applicable time
specified in paragraph (h)(3)(i) or (h)(3)(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.
(i) 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 (j)(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 2002-07-05 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0011R1 that
are required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0011R1 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(j) Related Information
(1) For information about EASA AD 2019-0011R1, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2019-0011R1 may be found in the AD docket on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0319.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225.
Issued in Des Moines, Washington, on May 1, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09441 Filed 5-8-19; 8:45 am]
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