[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Proposed Rules]
[Pages 22816-22818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10604]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / 
Proposed Rules  

[[Page 22816]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-17-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A310 series 
airplanes. This proposal would require repetitive inspections to detect 
cracked or broken support brackets of the upper wing-to-fuselage 
fairings, and replacement of any discrepant support brackets with new 
brackets. This proposal also would require replacement of the fairing 
seals with new, improved seals; modification of the fairing panels; and 
installation of new bulkheads; which would constitute terminating 
action for the repetitive inspections. This proposal is prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified by the proposed AD 
are intended to prevent reduced structural integrity of the fairing 
support brackets, which could result in loss of the wing-to-fuselage 
fairings during flight, and consequent structural damage to the 
airplane.

DATES: Comments must be received by May 28, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-17-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-17-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-17-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Airbus Model A310 series airplanes.
    The DGAC advises that it has received several reports of loss of 
the upper wing-to-fuselage fairings during flight. The loss of these 
fairings is attributed to cracked or broken support brackets that 
attach the three wing-to-fuselage fairings located between fuselage 
frame (FR) 40 and FR54.2. Investigation revealed that the cracking of 
the support brackets occurred because of bending of the forward and aft 
panels caused by a lack of stiffness along the lower edge of the 
panels, due to a step in the center fairing panel at FR47.
    To prevent such discrepancies, a new center fairing panel with no 
step, together with new support brackets (in a location closer to the 
upper edge of the panel), was installed on certain other Airbus Model 
A310 series airplanes. Subsequently, additional reports were received 
of cracked or broken support brackets, again resulting in loss of the 
wing-to-fuselage fairings during flight. Further investigation revealed 
the ultimate cause of the loss of the fairings to be vibration induced 
by ram air penetrating between the fairing and the fuselage, which 
caused the aft fairing support brackets to break. Such conditions, if 
not detected and corrected, could result in loss of the wing-to-
fuselage fairings during flight, and consequent structural damage to 
the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Airbus Service Bulletin A310-53-2078, 
Revision 1, dated March 24, 1997, which describes procedures for 
repetitive inspections to detect cracked or broken support brackets of 
the upper wing-to-fuselage fairing, and replacement of any discrepant 
support brackets with new brackets.
    The manufacturer also has issued Airbus Service Bulletin A310-53-
2083, Revision 02, dated May 5, 1998, which describes procedures for 
replacement of the fairing seals with new, improved seals; modification 
of the fairing panels;

[[Page 22817]]

and installation of new bulkheads; which eliminates the need for the 
repetitive inspections.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The 
DGAC classified Airbus Service Bulletin A310-53-2078, Revision 1, as 
mandatory; and Airbus Service Bulletin A310-53-2083, Revision 02, as 
recommended; and issued French airworthiness directives 97-175-228(B) 
R1 and 98-450-261(B), both dated November 18, 1998, in order to assure 
the continued airworthiness of these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletins described previously, 
except as discussed below.

Differences Between Proposed Rule and Service Bulletins

    Operators should note that, unlike the procedures described in 
Airbus Service Bulletin A310-53-2078, Revision 1, this proposed AD 
would not permit further flight if cracks are detected in the support 
brackets of the wing-to-fuselage fairing. The FAA has determined that, 
because of the safety implications and consequences associated with 
such cracking, any subject support bracket of the wing-to-fuselage 
fairing that is found to be cracked must be replaced prior to further 
flight.

Cost Impact

    The FAA estimates that 47 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 2 work hours per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection proposed by 
this AD on U.S. operators is estimated to be $5,640, or $120 per 
airplane, per inspection cycle.
    It would take approximately 6 work hours per airplane to accomplish 
the proposed replacement, modification, and installation, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $1,690 per airplane. Based on these figures, the cost 
impact of the replacement, modification and installation proposed by 
this AD on U.S. operators is estimated to be $96,350, or $2,050 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus Industrie: Docket 99-NM-17-AD.

    Applicability: Model A310-200 series airplanes, on which Airbus 
Modification 4800 or 4906 has been accomplished; and Model A310-300 
series airplanes on which Airbus Modification 11758 has not been 
accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced structural integrity of the support brackets 
of the upper wing-to-fuselage fairing, which could result in loss of 
the wing-to-fuselage fairings during flight, and consequent 
structural damage to the airplane, accomplish the following:

Initial/Repetitive Inspections

    (a) Prior to the accumulation of 5,000 total flight hours or 
within 1,200 flight hours after the effective date of this AD, 
whichever occurs later: Perform a detailed visual inspection to 
detect cracked or broken support brackets of the upper wing-to-
fuselage fairings, in accordance with Airbus Service Bulletin A310-
53-2078, Revision 1, dated March 24, 1997. Repeat the detailed 
visual inspection thereafter at intervals not to exceed 2,500 flight 
hours.

Corrective Action

    (b) If any discrepancy is detected during any inspection 
required by paragraph (a) of this AD, prior to further flight, 
replace the discrepant support bracket with a new bracket in 
accordance with Airbus Service Bulletin A310-53-2078, Revision 1, 
dated March 24, 1997. Repeat the inspection required by paragraph 
(a) of this AD thereafter at intervals not to exceed 2,500 flight 
hours.

Terminating Action

    (c) Within 2 years after the effective date of this AD, 
accomplish the requirements of paragraphs (c)(1) and (c)(2) of this 
AD.
    (1) Perform the initial inspection required by paragraph (a) of 
this AD in accordance

[[Page 22818]]

with Airbus Service Bulletin A310-53-2078, Revision 1, dated March 
24, 1997.
    (2) Replace the fairing seals with new, improved seals; modify 
the fairing panels; and install new bulkheads; in accordance with 
Airbus Service Bulletin A310-53-2083, Revision 02, dated May 5, 
1998. Accomplishment of these actions constitutes terminating action 
for the repetitive inspection requirements of this AD.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in French 
airworthiness directives 97-175-228(B) R1 and 98-450-261(B), both 
dated November 18, 1998.

    Issued in Renton, Washington, on April 21, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-10604 Filed 4-27-99; 8:45 am]
BILLING CODE 4910-13-P