[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Rules and Regulations]
[Pages 63154-63157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30082]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-349-AD; Amendment 39-12526; AD 2001-23-51]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and 
F4-600R (Collectively Called A300-600) Series Airplanes; and Model A310 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2001-23-51 that was sent 
previously to all known U.S. owners and operators of certain Airbus 
Model A300 B4-600, B4-600R, and F4-600R (collectively called A300-600) 
series airplanes; and Model A310 series airplanes by individual 
notices. This AD requires a one-time detailed visual inspection to 
detect repairs and alterations to, and damage of the vertical 
stabilizer attachment fittings, including the main attachment lugs and 
the transverse (side) load fittings; and the rudder hinge fittings, 
hinge arms, and support fittings for all rudder hinges, and rudder 
actuator support fittings; and repair, if necessary. This AD also 
requires that operators report results of inspection findings to the 
FAA. This action is prompted by an airplane accident shortly after 
takeoff from John F. Kennedy International Airport, Jamaica, New York. 
The actions specified by this AD are intended to prevent failure of the 
vertical stabilizer-to-fuselage attachment fittings or transverse 
(side) load fittings, or rudder-to-vertical stabilizer attachment 
fittings, which could result in loss of the vertical stabilizer and/or 
rudder and consequent loss of control of the airplane.

DATES: Effective December 10, 2001, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2001-23-51, 
issued on November 16, 2001, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before January 4, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-

[[Page 63155]]

349-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. Comments may be 
submitted via fax to (425) 227-1232. Comments may also be sent via the 
Internet using the following address: [email protected]. 
Comments sent via fax or the Internet must contain ``Docket No. 2001-
NM-349-AD'' in the subject line and need not be submitted in 
triplicate. Comments sent via the Internet as attached electronic files 
must be formatted in Microsoft Word 97 for Windows or ASCII text.
    Information pertaining to this AD may be examined at the FAA, 
Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., 
Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Henry Offermann, Aerospace Engineer; 
Airframe and Cabin Safety Branch, ANM-115, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; telephone (425) 
227-2676; fax (425) 227-1100.

SUPPLEMENTARY INFORMATION: On November 16, 2001, the FAA issued 
emergency AD 2001-23-51, which is applicable to certain Airbus Model 
A300 B4-600, B4-600R, and F4-600R (collectively called A300-600) series 
airplanes; and Model A310 series airplanes airplanes.

Background

    On November 12, 2001, an Airbus Model A300 B4-605R airplane was 
involved in an accident shortly after takeoff from John F. Kennedy 
International Airport, Jamaica, New York. The cause of the accident is 
under investigation by the National Transportation Safety Board (NTSB). 
Although the NTSB has not determined the cause of the accident, it has 
determined that the vertical stabilizer departed the airplane. In 
addition, the rudder was found separated from the vertical stabilizer.
    The vertical stabilizer on Airbus Model A300-600 series airplanes 
with Airbus Modification 4886 is manufactured of advanced composite 
materials. The vertical stabilizer on Airbus Model A310 series 
airplanes with the same modification is manufactured of the same 
materials. Failure of the vertical stabilizer-to-fuselage attachment 
fittings, transverse (side) load fittings, or rudder-to-vertical 
stabilizer attachment fittings, if not corrected, could result in loss 
of the vertical stabilizer and/or rudder and consequent loss of control 
of the airplane.
    The FAA considers that, before structural failure, it may be 
possible to detect indications of possible failure modes that could 
result in separation of the vertical stabilizer from the airplane. 
These indications include edge delaminations, cracked paint, surface 
distortions, other surface damage, and failure of the transverse (side) 
load fittings. Similarly, indications of failure of the rudder 
assembly, which could lead to failure of the vertical stabilizer, may 
also be detectable with such an inspection. Although neither the FAA 
nor the NTSB have reached conclusions with respect to these possible 
failures on the accident airplane, we consider it prudent to require an 
inspection of these structures to identify any such indication that may 
exist.
    These airplane models are manufactured in France and are 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. The FAA has 
coordinated this action with the Direction Generale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, and the 
DGAC has taken similar action.

Explanation of the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 2001-23-51 to prevent failure of 
the vertical stabilizer-to-fuselage attachment fittings or transverse 
(side) load fittings, or rudder-to-vertical stabilizer attachment 
fittings, which could result in loss of the vertical stabilizer and/or 
rudder and consequent loss of control of the airplane. The AD requires 
a one-time detailed visual inspection to detect repairs and alterations 
to, and damage of the vertical stabilizer attachment fittings, 
including the main attachment lugs and the transverse (side) load 
fittings; and the rudder hinge fittings, hinge arms, and support 
fittings for all rudder hinges, and rudder actuator support fittings; 
and repair, if necessary. Damage of the metallic areas includes pulled 
or loose fasteners, wear areas, distorted flanges, cracks, and 
corrosion. Damage of the composite areas includes delamination; 
distorted surfaces that may indicate delamination; cracks in the paint 
surface; evidence of moisture damage; and cracked, splitting, or frayed 
fibers. This AD also requires that operators report results of 
inspection findings to the FAA.

Interim Action

    This is considered to be interim action. The inspection report that 
is required by this AD will enable the FAA, DGAC, and manufacturer to 
obtain better insight into the potential unsafe condition, and 
eventually to develop final action to address it, if necessary. If 
final action is identified, the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on November 16, 2001, to all known U.S. owners and operators of 
certain Airbus Model A300 B4-600, B4-600R, and F4-600R (collectively 
called A300-600) series airplanes; and Model A310 series airplanes. 
These conditions still exist, and the AD is hereby published in the 
Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective as to all 
persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that

[[Page 63156]]

summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-349-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from 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.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

AD 2001-23-51  Airbus Industrie: Amendment 39-12526. Docket 2001-NM-
349-AD.

    Applicability: Model A300 B4-600, B4-600R, and F4-600R 
(collectively called A300-600) series airplanes; and Model A310 
series airplanes; certificated in any category; having a vertical 
stabilizer made of composite material (reference Airbus Modification 
4886).

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 (e) 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 within 
the last 6 months.
    To prevent failure of the vertical stabilizer-to-fuselage 
attachment fittings or transverse (side) load fittings, or rudder-
to-vertical stabilizer attachment fittings, which could result in 
loss of the vertical stabilizer and/or rudder and consequent loss of 
control of the airplane, accomplish the following:

Compliance Time

    (a) Within 15 days after the effective date of this AD, do the 
inspections specified in paragraphs (b) and (c) of this AD.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

Inspection and Corrective Actions

    (b) Perform a one-time detailed visual inspection to detect 
repairs and alterations to, and damage of the vertical stabilizer 
attachment fittings, including the main attachment lugs and the 
transverse (side) load fittings. Any alteration made to the 
composite structures, either during production or post-production, 
is considered areas of primary concern. Gain access to the vertical 
stabilizer attachment fittings by removing external fairings and 
internal access covers and inspect both sides of affected attachment 
fittings. Damage of the metallic areas includes pulled or loose 
fasteners, wear areas, distorted flanges, cracks, and corrosion. 
Damage of the composite areas includes delamination; distorted 
surfaces that may indicate delamination; cracks or abrading in the 
paint surface; surface damage; evidence of moisture damage; and 
cracked, splitting, or frayed fibers.
    (1) If any damage is found to the vertical stabilizer attachment 
fittings, including the main attachment lugs and the transverse 
(side) load fittings, before further flight, repair per a method 
approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate.
    (2) If any repair or alteration to the attachment lug areas of 
the vertical stabilizer has been accomplished previously, before 
further flight, the repair or alteration must be approved by the 
Manager, International Branch, ANM-116.
    (c) Perform a one-time detailed visual inspection to detect 
damage of the rudder hinge fittings, hinge arms, and support 
fittings for all rudder hinges, and rudder actuator support 
fittings. Damage of the metallic areas includes pulled or loose 
fasteners, wear areas, distorted flanges, cracks, and corrosion. 
Damage of the composite areas includes delamination; distorted 
surfaces that may indicate delamination; cracks or abrading in the 
paint surface; surface damage; evidence of moisture damage; and 
cracked, splitting, or frayed fibers. If any damage is found, before 
further flight, repair per the manufacturer's structural repair 
manual, or per a method approved by the Manager, International 
Branch, ANM-116.

Report

    (d) Submit a report of inspection findings (both positive and 
negative) to the Manager, International Branch, ANM-116; fax (425) 
227-1149; at the applicable time specified in paragraph (d)(1) or 
(d)(2) of this AD. The report must include the inspection results, a 
description of any repair, alteration, or discrepancy found, 
including digital photographs of the damaged area, the airplane 
serial number, and the number of flight cycles and flight hours on 
the airplane. Information collection requirements contained in this 
AD have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.
    (1) For airplanes on which the inspection is accomplished after 
the effective date of this AD: Submit the report within 5 days after 
performing the inspection required by paragraph (a) of this AD.
    (2) For airplanes on which the inspection has been accomplished 
prior to the effective date of this AD: Submit the report within 5 
days after the effective date of this AD.

Alternative Methods of Compliance

    (e) 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. 
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 3: Information concerning the existence of approved 
alternative methods of

[[Page 63157]]

compliance with this AD, if any, may be obtained from the 
International Branch, ANM-116.

Special Flight Permits

    (f) 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.

Effective Date

    (g) This amendment becomes effective on December 10, 2001, to 
all persons except those persons to whom it was made immediately 
effective by emergency AD 2001-23-51, issued on November 16, 2001, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on November 26, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-30082 Filed 12-4-01; 8:45 am]
BILLING CODE 4910-13-U