[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46327-46329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21411]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0397; Directorate Identifier 2008-NM-023-AD;
Amendment 39-16018; AD 2009-19-01]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-
3C, B4-103, B4-203, and B4-2C 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:
An operator has reported the loss of a centre flap inner tab on
an in-service A300 aircraft. The centre flap inner tab detached
during approach to an airport. A similar event was reported several
years ago on a pre-mod 04770 aircraft. * * *
* * * Investigations led by the manufacturer revealed that the
centre hinge bracket developed a fatigue crack causing complete
failure of the bracket. The tab rotated causing failure of the
inboard link followed by the failure of the outboard link.
[D]etachment of a centre flap inner tab * * * could be a
potential risk to persons on [the] ground * * *.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective October 14, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 14,
2009.
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, 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 April 30, 2009 (74
FR 19908). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
An operator has reported the loss of a centre flap inner tab on
an in-service A300 aircraft. The centre flap inner tab detached
during approach to an airport. A similar event was reported several
years ago on a pre-mod 04770 aircraft. Previous failure at the aft
lug of the centre brackets led to the issuance of Airbus Service
Bulletin A300-57-0205.
In the most recent case, the aircraft had been modified in
accordance with Airbus Service Bulletin A300-57-0205 (Airbus
modification No. 04770). Investigations led by the manufacturer
revealed that the centre hinge bracket developed a fatigue crack
causing complete failure of the bracket. The tab rotated causing
failure of the inboard link followed by the failure of the outboard
link.
To avoid a detachment of a centre flap inner tab, which could be
a potential risk to persons on [the] ground, this AD requires a
repetitive [high frequency eddy current] inspection of the centre
flap inner tab hinge bracket and replacement of the bracket when
cracks are detected * * * [and] reporting of inspection results to
the TC holder [and provides] an optional terminating action. * * *
* * * * *
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 for Clarification of Reporting Requirement
TradeWinds Airlines points out that although paragraph (e),
``Reason,'' of the NPRM describes reporting inspection results to the
Type Certificate holder, the requirements in paragraphs (f)(1), (f)(2),
and (f)(3) of the NPRM currently have no information that describes the
reporting requirement.
We infer that TradeWinds Airlines is asking us to clarify the
reporting requirement, and we agree that clarification is necessary.
Paragraph (e) of the NPRM quotes European Aviation Safety Agency (EASA)
AD 2007-0299R2, dated October 28, 2008. The EASA AD includes reporting;
however, this AD does not require reporting. We have updated Note 1 of
this final rule to clarify this difference. We also removed paragraph
(g)(3) of the
[[Page 46328]]
proposed AD because that paragraph provides reporting requirement
information and it is unnecessary to include that information in this
final rule.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We 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.
Costs of Compliance
We estimate that this AD will affect 22 products of U.S. registry.
We also estimate that it will take about 55 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $96,800, or $4,400 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 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:
2009-19-01 Airbus: Amendment 39-16018. Docket No. FAA-2009-0397;
Directorate Identifier 2008-NM-023-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
14, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A300 B2-1C, B2-203, B2K-3C,
B4-103, B4-203, and B4-2C airplanes, certificated in any category,
all serial numbers, except airplanes which have been modified in
accordance with Airbus Mandatory Service Bulletin A300-57-0252
(Airbus Modification 13400).
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An operator has reported the loss of a centre flap inner tab on
an in-service A300 aircraft. The centre flap inner tab detached
during approach to an airport. A similar event was reported several
years ago on a pre-mod 04770 aircraft. Previous failure at the aft
lug of the centre brackets led to the issuance of Airbus Service
Bulletin A300-57-0205.
In the most recent case, the aircraft had been modified in
accordance with Airbus Service Bulletin A300-57-0205 (Airbus
modification No. 04770). Investigations led by the manufacturer
revealed that the centre hinge bracket developed a fatigue crack
causing complete failure of the bracket. The tab rotated causing
failure of the inboard link followed by the failure of the outboard
link.
To avoid a detachment of a centre flap inner tab, which could be
a potential risk to persons on [the] ground, this AD requires a
repetitive [high frequency eddy current] inspection of the centre
flap inner tab hinge bracket and replacement of the bracket when
cracks are detected * * * [and] reporting of inspection results to
the TC holder [and provides] an optional terminating action. * * *
* * * * *
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the times specified in Table 1 or Table 2 of this AD, as
applicable, perform a high frequency eddy current inspection to
detect fatigue cracks of the center hinge bracket of the center flap
inner tab (on both wings), in accordance with Airbus Mandatory
Service Bulletin A300-57-0250, Revision 01, dated September 29,
2008. If no cracking is found, repeat the inspection thereafter at
intervals not to exceed 850 flight cycles.
[[Page 46329]]
Table 1--Airplanes on which Airbus Service Bulletin A300-57-0205 Has Not
Been Done
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Flight cycles accumulated since first
flight as of the effective date of this Compliance time
AD
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Less than 6,000 flight cycles.......... Prior to accumulating 6,000
flight cycles since first
flight or within 90 days after
the effective date of this AD,
whichever occurs later.
6,000 flight cycles or more, but less Within 850 flight cycles after
than 12,000 flight cycles. the effective date of this AD.
12,000 flight cycles or more........... Within 500 flight cycles after
the effective date of this AD.
------------------------------------------------------------------------
Table 2--Airplanes on Which Airbus Service Bulletin A300-57-0205 Has
Been Done
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Flight cycles accumulated since Airbus
Service Bulletin A300-57-0205
modification as of the effective date Compliance time
of this AD
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Less than 6,000 flight cycles.......... Prior to accumulating 6,000
flight cycles since Airbus
Service Bulletin A300-57-0205
modification or within 90 days
after the effective date of
this AD, whichever occurs
later.
6,000 flight cycles or more, but less Within 850 flight cycles after
than 12,000 flight cycles. the effective date of this AD.
12,000 flight cycles or more........... Within 500 flight cycles after
the effective date of this AD.
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(2) If any crack is detected during any inspection required by
this AD, before further flight, replace the center hinge bracket in
the accordance with Airbus Mandatory Service Bulletin A300-57-0250,
Revision 01, dated September 29, 2008. Within 6,000 flight cycles
after replacing the center hinge bracket, do the inspection required
by paragraph (f)(1) of this AD, and if no cracking is found, repeat
the inspection thereafter at intervals not to exceed 850 flight
cycles.
(3) Modifying the inboard tab of the center flaps in accordance
with Airbus Mandatory Service Bulletin A300-57-0252, dated August
27, 2008, terminates the requirements of this AD.
(4) Actions accomplished before the effective date of this AD in
accordance with Airbus Mandatory Service Bulletin A300-57-0250,
dated November 2, 2007, are considered acceptable for compliance
with the corresponding actions specified in this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: Although the European Aviation Safety Agency AD 2007-
0299R2, dated October 28, 2008 and Airbus Mandatory Service Bulletin
A300-57-0250, dated November 2, 2007, specify to submit certain
information to the manufacturer, this AD does not include that
requirement.
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.
(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.
Related Information
(h) Refer to MCAI Airworthiness Directive 2007-0299R2, dated
October 28, 2008; Airbus Mandatory Service Bulletin A300-57-0250,
Revision 01, dated September 29, 2008; and Airbus Mandatory Service
Bulletin A300-57-0252, dated August 27, 2008; for related
information.
Material Incorporated by Reference
(i) You must use Airbus Mandatory Service Bulletin A300-57-0250,
Revision 01, excluding Appendix 1, dated September 29, 2008, to do
the actions required by this AD, unless the AD specifies otherwise.
If you do the optional terminating modification specified by this
AD, you must use Airbus Service Bulletin A300-57-0252, dated August
27, 2008, to perform that action, unless the AD specifies otherwise.
(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 August 31, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21411 Filed 9-8-09; 8:45 am]
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