[Federal Register Volume 65, Number 18 (Thursday, January 27, 2000)]
[Proposed Rules]
[Pages 4386-4388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1957]


 ========================================================================
 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. 65, No. 18 / Thursday, January 27, 2000 / 
Proposed Rules  

[[Page 4386]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-205-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 Series Airplanes

AGENCY:  Federal Aviation Administration, DOT.

ACTION:  Notice of proposed rulemaking (NPRM).

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

SUMMARY:  This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A300 series 
airplanes. This proposal would require modification of wing center box 
angle fittings at frame 47. 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 wing center box 
angle fittings at frame 47 due to fatigue cracking.

DATES:  Comments must be received by February 28, 2000.

ADDRESSES:  Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-205-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-205-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-205-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 A300 series airplanes. The 
DGAC advises that a high incidence of cracking at the wing center box 
angle fittings at frame 47 has been reported by A300 operators when 
conducting the inspections required by the Model A300 Supplementary 
Structural Inspection Program (SSIP). [This inspection program is 
currently mandated in 96-13-11, amendment 39-9679 (61 FR 35122, July 5, 
1996).] Because of the high incidence of cracking, there is an 
increased risk, on older airplanes, that not all cracks may be detected 
by the SSIP. This condition, if not corrected, could result in reduced 
structural integrity of the wing center box angle fittings at frame 47 
due to fatigue cracking.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A300-53-0298, Revision 03, dated 
November 26, 1998, which describes procedures for modification of the 
wing center box angle fittings at frame 47. The modification involves 
removing certain sealant and fasteners, performing rotating probe 
inspections to detect cracking, cold working certain fastener holes, 
and installing new fasteners and sealant. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition. The DGAC classified this service bulletin 
as mandatory and issued French airworthiness directive 1999-076-267(B), 
dated February 24, 1999, 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

[[Page 4387]]

States, the proposed AD would require accomplishment of the actions 
specified in the service bulletin described previously, except as 
discussed below.

Difference Between Proposed Rule and Foreign Airworthiness 
Directive

    The proposed AD would specify a different grace period from that 
specified by the parallel French airworthiness directive. The 
``instructions'' referred to in the French airworthiness directive 
constitute a rather complicated method of determining a grace period 
for airplanes that have exceeded, or are approaching, the applicable 
mandatory threshold. The FAA has determined that it would be difficult 
to enforce the DGAC method for determining the grace period. In 
addition, the FAA has determined that the grace period defined in the 
service bulletin instructions is excessive in certain cases. Therefore, 
the FAA has established a single grace period, equal to the shortest 
grace period allowed by the French AD for all affected airplanes. In 
developing an appropriate grace period for this AD, the FAA considered 
not only the DGAC's method for determining the grace period, but the 
degree of urgency associated with addressing the subject unsafe 
condition, and the average utilization of the affected fleet. In light 
of these factors, the FAA finds a 6,500-flight-cycle grace period for 
initiating the required actions to be warranted, in that it represents 
an appropriate interval of time allowable for affected airplanes to 
continue to operate without compromising safety.

Difference Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for repair instructions for 
certain damage conditions, this proposal would require the repair of 
those conditions to be accomplished in accordance with a method 
approved by either the FAA or the DGAC (or its delegated agent). In 
light of the type of repair that would be required to address the 
identified unsafe condition, and in consonance with existing bilateral 
airworthiness agreements, the FAA has determined that, for this 
proposed AD, a repair approved by either the FAA or the DGAC would be 
acceptable for compliance with this proposed AD.

Cost Impact

    The FAA estimates that 38 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 430 work 
hours per airplane to accomplish the proposed modification, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $8,840 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$1,316,320, or $34,640 per airplane.
    The cost impact figure discussed above is 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 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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-205-AD.

    Applicability: Model A300 series airplanes, as listed in Airbus 
Service Bulletin A300-53-0298, Revision 03, dated November 26, 1998; 
certificated in any category; except those on which Airbus Service 
Bulletin A300-53-0282 or Airbus Service Bulletin A300-53-0291 has 
been accomplished.

    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 (c) 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 wing center box 
angle fittings at frame (FR) 47, accomplish the following:
    (a) Prior to the accumulation of the applicable threshold 
specified in the ``MANDATORY TH'' column of the table in paragraph 
1.B.(4) of the service bulletin, or within 6,500 flight cycles after 
the effective date of this AD, whichever occurs later: Except as 
required by paragraph (b) of this AD, modify the wing center box 
angle fittings at FR 47 (including removing certain sealant and 
fasteners, performing rotating probe inspections to detect cracking, 
cold working certain fastener holes, installing new fasteners and 
sealant, and repairing damage), in accordance with Airbus Service 
Bulletin A300-53-0298, Revision 03, dated November 26, 1998.


    Note 2:  Operators should note that the area required to be 
modified by paragraph (a) of this AD remains subject to the 
requirements of AD 96-13-11, amendment 39-9679, after modification.


    (b) Where Airbus Service Bulletin A300-53-0298, Revision 03, 
dated November 26, 1998, specifies that Airbus be contacted for 
repair instructions for certain damage conditions, this AD requires 
that such damage conditions be repaired prior to further flight in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction Generale de l'Aviation Civile (DGAC) (or its 
delegated agent). For a repair method to be approved by the Manager, 
International Branch, ANM-116, as required by this paragraph, the 
Manager's approval letter must specifically reference this AD.

Alternative Methods of Compliance

    (c) 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

[[Page 4388]]

appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, International Branch, ANM-
116.

    Note 3:  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

    (d) 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 4:  The subject of this AD is addressed in French 
airworthiness directive 1999-076-267, dated February 24, 1999.


    Issued in Renton, Washington, on January 21, 2000.
Donald L. Riggin,
 Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-1957 Filed 1-26-00; 8:45 am]
BILLING CODE 4910-13-U