[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Pages 11435-11439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5165]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0993; Directorate Identifier 2009-NM-089-AD;
Amendment 39-16229; AD 2010-06-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B4-2C, B4-103, and
B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, and B4-622R Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
One A300-600 aeroplane operator reported that, during a routine
inspection, the Right Hand frame 40 forward fitting between stringer
32 and stringer 33 was found cracked. The subject aeroplane had
previously been modified in accordance with Airbus SB A300-57-6053
(Airbus Modification 10453).
This condition, if not corrected, could result in a
deterioration of the structural integrity of the frame.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 15, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 15,
2010.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140,
[[Page 11436]]
1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 28, 2009 (74
FR 55485). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
One A300-600 aeroplane operator reported that, during a routine
inspection, the Right Hand frame 40 forward fitting between stringer
32 and stringer 33 was found cracked. The subject aeroplane had
previously been modified in accordance with Airbus SB A300-57-6053
(Airbus Modification 10453).
This condition, if not corrected, could result in a
deterioration of the structural integrity of the frame.
As no fatigue maintenance tasks (Inspection SB or Airworthiness
Limitation Item) presently exist to inspect the affected area for
aeroplanes having incorporated Airbus Modification 10453
preventively (without preliminary crack finding), Airbus has
developed a new inspection [for cracking, and repair if necessary]
to ensure structural integrity of the concerned area of frame 40.
* * * * *
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request To Increase Work Hours
FedEx Express states that it has determined that the inspection
thresholds in the NPRM allow sufficient time to accomplish the proposed
inspection during a scheduled maintenance check. FedEx Express adds
that the number of work-hours and elapsed time necessary to accomplish
the proposed inspections will not impact the overall span-time of its
planned scheduled maintenance check, unless cracks are found. FedEx
Express notes that if cracks are found, significant downtime of
approximately 42 hours will be required to accomplish the corrective
action. FedEx Express adds that it has already accomplished the
inspections on five airplanes with no crack findings.
From these statements, we infer that FedEx Express is requesting
that we revise the AD to include the work-hours necessary to repair any
crack findings. We do not agree. The economic analysis of the AD is
limited only to the cost of actions actually required by the rule. It
does not consider the costs of ``on-condition'' actions (that is,
actions needed to correct an unsafe condition such as cracking),
because, regardless of AD direction, those actions would be required to
correct an unsafe condition identified in an airplane and ensure
operation of that airplane in an airworthy condition, as required by
the Federal Aviation Regulations. We have not changed the AD in this
regard.
Explanation of Additional Note in the Final Rule
We have included a new Note 2 in this AD (and renumbered subsequent
notes accordingly) to provide clarification that a repair is considered
any modification that restores the original strength of the cracked
part.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We also determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Explanation of Change to Costs of Compliance
Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work hour to $85 per
work hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.
Costs of Compliance
We estimate that this AD will affect 153 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $39,015, or $255 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under 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 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); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket
[[Page 11437]]
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone (800) 647-5527) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2010-06-05 Airbus: Amendment 39-16229. Docket No. FAA-2009-0993;
Directorate Identifier 2009-NM-089-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
15, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus airplanes, certificated in any
category, as identified in paragraphs (c)(1) and (c)(2) of this AD.
(1) Model A300 B4-2C, B4-103, and B4-203 airplanes, all serial
numbers, modified preventively in service (without preliminary crack
findings) in accordance with Airbus Service Bulletin A300-53-0297
(Airbus Modification 10453).
(2) Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-
622R airplanes, all serial numbers, modified preventively in service
(without preliminary crack findings) in accordance with Airbus
Service Bulletin A300-57-6053 (Airbus Modification 10453).
Note 1: For airplanes on which Airbus Service Bulletin A300-53-
0297 or A300-57-6053 (Airbus Modification 10453), as applicable, has
been incorporated as a corrective action (repair following crack
finding), no action is required by this AD.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``One A300-600 aeroplane operator reported that, during a
routine inspection, the Right Hand frame 40 forward fitting between
stringer 32 and stringer 33 was found cracked. The subject aeroplane
had previously been modified in accordance with Airbus SB A300-57-
6053 (Airbus Modification 10453).
``This condition, if not corrected, could result in a
deterioration of the structural integrity of the frame.
``As no fatigue maintenance tasks (Inspection SB or
Airworthiness Limitation Item) presently exist to inspect the
affected area for aeroplanes having incorporated Airbus Modification
10453 preventively (without preliminary crack finding), Airbus has
developed a new inspection [for cracking, and repair if necessary]
to ensure structural integrity of the concerned area of frame 40.''
* * * * *
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the applicable time specified in Table 1 of this AD: Do a
one-time detailed visual inspection of the forward fitting at frame
40 on both sides of the airplane, in accordance with Airbus
Mandatory Service Bulletin A300-57A6108 (for Model A300 B4-601, B4-
603, B4-605R, B4-620, B4-622, and B4-622R airplanes) or A300-53A0387
(for Model A300 B4-2C, B4-103, and B4-203 airplanes), both including
Appendices 01 and 02, both dated September 12, 2008.
Table 1--Compliance Times
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Airplane models/configuration Compliance time
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A300 B4-2C and B4-103 airplanes on Prior to the accumulation of 18,000
which Airbus Service Bulletin total flight cycles, or within 3
A300-53-0297 was done prior to months after the effective date of
the accumulation of 9,000 total this AD, whichever occurs later.
flight cycles.
A300 B4-2C and B4-103 airplanes on Within 5,500 flight cycles after
which Airbus Service Bulletin accomplishment of Airbus Service
A300-53-0297 was done on or after Bulletin A300-53-0297, or within 6
the accumulation of 9,000 total months after the effective date of
flight cycles. this AD, whichever occurs later;
except, for airplanes that, as of
the effective date of this AD, have
accumulated 11,000 flight cycles or
more since accomplishment of Airbus
Service Bulletin A300-53-0297,
within 3 months after the effective
date of this AD.
A300 B4-203 airplanes on which Prior to the accumulation of 15,000
Airbus Service Bulletin A300-53- total flight cycles, or within 3
0297 was done prior to the months after the effective date of
accumulation of 8,300 total this AD, whichever occurs later.
flight cycles.
A300 B4-203 airplanes on which Within 4,100 flight cycles after
Airbus Service Bulletin A300-53- accomplishment of Airbus Service
0297 was done on or after the Bulletin A300-53-0297, or within 6
accumulation of 8,300 total months after the effective date of
flight cycles. this AD, whichever occurs later;
except, for airplanes that, as of
the effective date of this AD, have
accumulated 8,200 flight cycles or
more since accomplishment of Airbus
Service Bulletin A300-53-0297,
within 3 months after the effective
date of this AD.
A300 B4-601, B4-603, B4-605R, B4- Prior to the accumulation of 11,500
620, B4-622, and B4-622R total flight cycles, or within 3
airplanes on which Airbus Service months after the effective date of
Bulletin A300-57-6053 was done this AD, whichever occurs later.
prior to the accumulation of
6,100 total flight cycles.
A300 B4-601, B4-603, B4-605R, B4- Within 3,300 flight cycles after
620, B4-622, and B4-622R accomplishment of Airbus Service
airplanes on which Airbus Service Bulletin A300-57-6053, or within 6
Bulletin A300-57-6053 was done on months after the effective date of
or after the accumulation of this AD, whichever occurs later;
6,100 total flight cycles. except, for airplanes that, as of
the effective date of this AD, have
accumulated 6,600 flight cycles or
more since accomplishment of Airbus
Service Bulletin A300-57-6053,
within 3 months after the effective
date of this AD.
------------------------------------------------------------------------
(2) Except as required by paragraph (f)(3) of this AD: If any
crack is found during the inspection required by paragraph (f)(1) of
this AD, before further flight, do a temporary or definitive repair,
as applicable, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7,
2002 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or A300-
57-6052, Revision 03, dated May 27, 2002, including Airbus Drawings
15R53810394, Issue A, dated December 21, 1998, and 21R57110247,
Issue A, dated June 20, 1997 (for Model A300 B4-601, B4-603,
[[Page 11438]]
B4-605R, B4-620, B4-622, and B4-622R airplanes).
(3) If any crack found during the inspection required by
paragraph (f)(1) of this AD cannot be repaired in accordance with
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7,
2002; or A300-57-6052, Revision 03, dated May 27, 2002: Contact
Airbus for repair instructions and before further flight repair the
crack using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its delegated agent.)
Note 2: A repair is considered any modification that restores
the original strength of the cracked part.
(4) Submit an inspection report in accordance with Appendix 01
of Airbus Mandatory Service Bulletin A300-53A0387, dated September
12, 2008 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or
Airbus Mandatory Service Bulletin A300-57A6108, dated September 12,
2008 (for Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and
B4-622R airplanes); to the address identified on the reporting
sheet, at the applicable time specified in paragraph (f)(4)(i) or
(f)(4)(ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: Although the MCAI or Airbus Service Bulletin A300-53-
0268, Revision 06, dated January 7, 2002; or A300-57-6052, Revision
03, dated May 27, 2002; allows further flight after cracks are found
during compliance with the required action, paragraph (f)(3) of this
AD requires that the cracks be repaired before further flight.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI EASA Airworthiness Directive 2009-0094, dated
April 21, 2009 (Correction: May 29, 2009), and the applicable
service information specified in Table 2 of this AD, for related
information.
Table 2--Related Service Information
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Document Revision Date
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Airbus Mandatory Service Bulletin A300- Original.................... September 12, 2008.
53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300- Original.................... September 12, 2008.
57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268....... 06.......................... January 7, 2002.
Airbus Service Bulletin A300-57-6052, 03.......................... May 27, 2002.
including Airbus Drawings 15R53810394,
Issue A, dated December 21, 1998, and
21R57110247, Issue A, dated June 20, 1997.
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Material Incorporated by Reference
(i) You must use the service information contained in Table 3 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise.
Table 3--Material Incorporated by Reference
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Document Revision Date
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Airbus Mandatory Service Bulletin A300- Original.................... September 12, 2008.
53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300- Original.................... September 12, 2008.
57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268....... 06.......................... January 7, 2002.
Airbus Service Bulletin A300-57-6052, 03.......................... May 27, 2002.
including Airbus Drawings 15R53810394,
Issue A, dated December 21, 1998, and
21R57110247, Issue A, dated June 20, 1997.
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Airbus Service Bulletin A300-53-0268, Revision 06, dated January
7, 2002, has the following effective pages:
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Page No. Revision level shown on page Date shown on page
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1-6, 9, 10, 25-27................................ 06 January 7, 2002.
7, 8, 11-24, 28-84............................... 05 June 9, 2000.
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[[Page 11439]]
Airbus Service Bulletin A300-57-6052, Revision 03, dated May 27,
2002, has the following effective pages:
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Revision level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1-56........................ 03............ May 27, 2002.
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DRAWING 15R53810394
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1-2......................... A............. December 21, 1998.
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DRAWING 21R57110247
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1-2......................... A............. May 28, 1997.
3-4......................... A............. June 20, 1997.
------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; e-mail: [email protected];
Internet http://www.airbus.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5165 Filed 3-10-10; 8:45 am]
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