[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Rules and Regulations]
[Pages 41930-41934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15514]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-39-AD; Amendment 39-13726; AD 2004-14-17]
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; Equipped With Pratt & Whitney JT9D-7R4 or 4000 Series 
Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Airbus Model A300-600 and A310 series 
airplanes, that currently requires deactivating both thrust reversers 
and revising the airplane flight manual (AFM) to ensure safe and 
appropriate performance during certain takeoff conditions. This 
amendment requires installing modifications that will add an 
independent third line of defense on the thrust reversers, which would 
enhance their redundancy and terminate the requirements of the existing 
AD. The actions specified by this AD are intended to prevent in-flight 
deployment of the thrust reversers, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective August 17, 2004.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of August 17, 2004.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of December 28, 1998 (63 FR 70637, December 22, 
1998).

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the 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.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 98-25-51, 
amendment 39-10952 (63 FR 70637, December 22, 1998), which is 
applicable to certain Airbus Model A300-600 and A310 series airplanes, 
was published in the Federal Register on April 14, 2003 (68 FR 17893). 
The action proposed to require deactivating both thrust reversers and 
revising the airplane flight manual (AFM) to ensure safe and 
appropriate performance during certain takeoff conditions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for Proposed AD

    One commenter supports the AD as proposed. Air Transport 
Association (ATA) reports that its members generally support the intent 
of the rulemaking.

Request To Extend Compliance Time

    One commenter, an operator, is concerned that the proposed 1-year 
compliance time would result in grounded airplanes, and requests that 
the compliance time be extended from 12 months to 3 years. The operator 
reports that no thrust reversers have deployed in flight, uncommanded, 
on its affected airplanes. The operator notes that all of its PW4000-
powered A310/A300-600 airplanes and engine spares have been modified, 
but hardware changes were often needed for configuration compatability. 
Further, because the modification was done during the 180-day 
passenger-to-freighter conversion process, the hardware changes were 
handled within the scheduled time with no unscheduled downtime. 
However, unlike its PW4000-powered fleet, the operator states that all 
of its PW JT9D-7R4-powered airplanes are in operational service and are 
to be modified during a shorter maintenance visit. The operator 
concludes that a 3-year compliance time for the modification would 
minimize the economic impact on operators'without compromising safety, 
since the repetitive inspections required by AD 98-25-51 would still be 
in force until the modification is done.
    We partially agree with the request. We have previously issued an 
alternative method of compliance (AMOC) for the requirements of AD 98-
25-51. The AMOC, based on a method developed cooperatively between the 
airframe and engine manufacturers, allows the thrust reversers to be 
reactivated in accordance with an FAA-approved program of parts 
replacement and repetitive inspections. However, because of the severe 
consequences associated with an in-flight thrust reverser deployment, 
we cannot increase the compliance time to 3 years, as the operator 
requests. Nonetheless, to avoid airplanes being grounded until the 
modification can be done, we agree to extend the compliance time for 
the modification from 1 year to 18 months. We have determined that this 
extension will not adversely affect safety. Paragraph (c) of this final 
rule has been changed accordingly. We have advised the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, of this change.

Request To Ensure Compliance Time After a Certain Date

    One commenter, the manufacturer, considers the proposed compliance 
time appropriate, but requests a deadline not

[[Page 41931]]

earlier than June 30, 2004, to correspond to the compliance time 
mandated by French airworthiness directive 2001-523(B), dated October 
31, 2001. In light of the compliance time discussion above, the new 
compliance time for this AD will not take effect until after June 30, 
2004.

Request To Refer to AOTs

    One commenter, the manufacturer, states that Airbus All Operators 
Telex (AOT) 78-09 (currently at Revision 3, dated June 29, 1999) has 
been considered as an approved AMOC for the requirements of AD 98-25-51 
to allow the thrust reversers to be reactivated. The manufacturer notes 
that the proposed AD does not refer to Airbus AOT 78-09, or to AOT 78-
10, which is referenced in AOT 78-09 and provides details for an 
exhaustive check of the thrust reverser electrical circuit as part of 
the reactivation control program/reinforcement against power supply 
loss. We infer that the manufacturer requests that we revise the 
proposed AD to refer to these AOTs and give credit for paragraphs (a) 
and (b) of the proposed AD for airplanes on which the actions specified 
in AOT 78-09 have been done.
    We partially agree with the request; however, the actions specified 
in AOT 78-09 alone are insufficient to address the unsafe condition. We 
approved the AMOC to AD 98-25-51 to allow reactivation of the thrust 
reversers in accordance with Revision 3 of Airbus AOT 78-09, but the 
AOT does not contain all the AMOC requirements. The referenced AMOC 
involves certain tests, checks, maintenance actions, and parts changes 
to each individual thrust reverser. The AMOC is conditional on a stow-
latching minimum-force check being done after the serialized selector 
solenoid valve is installed. That check is not specified in the AOT. We 
agree that most of the thrust reverser reactivation program is defined 
in Airbus AOT 78-09, Revision 3; however, additional actions are 
included in the complete AMOC, so the accomplishment of the AOT actions 
alone cannot be considered an approved AMOC to this AD. In addition, 
the reference to AOT 78-10--through AOT 78-09--is sufficient for 
purposes of this AD. However, we have added a new Note 3 in this final 
rule to clarify the purpose of the AMOC and its relationship to the 
AOT, and reidentified subsequent notes.

Request To Revise Description of Unsafe Condition

    One commenter, the manufacturer, finds that the term ``unsafe 
condition'' is inappropriately used in the preamble to the proposed AD. 
The manufacturer takes exception to the characterization of the 
modification as being necessary to address the unsafe condition. The 
manufacturer asserts that the reactivation program restores the level 
of safety required to satisfy the original design requirements for the 
thrust reverser sytem, and adds that the modification was developed to 
add a supplementary level of protection against inadvertent deployment 
of the thrust reversers.
    We do not agree that the term ``unsafe condition'' is inappropriate 
as it is used in the proposed AD. The requirements of AD 98-25-51 
(deactivating both thrust reversers and revising the airplane flight 
manual) are intended to prevent in-flight deployment of the thrust 
reversers and consequent reduced controllability of the airplane. The 
subsequently issued AMOC (discussed previously) was intended as an 
interim action only. Although we recognize the improved reliability 
provided to the thrust reverser system by the reactivation program, we 
have determined that the basic two-line-of-defense architecture does 
not adequately address the system's vulnerability to damage and long-
term maintainability. Therefore, the modification is necessary to 
prevent the identified unsafe condition. No change to the final rule is 
necessary regarding this issue.

Request To Revise Estimated Costs

    Airbus reports that the estimated costs associated with the 
proposed modification have been revised. We have revised the Cost 
Impact section accordingly in this final rule.

Request To Include Certain Parts Costs

    One commenter, an operator, states that the proposed AD understates 
the estimated costs associated with the modification because certain 
parts specified in Pratt & Whitney Service Bulletins PW7R4 A78-179 and 
JT9D-7R4-A73-80 were not considered. The operator asserts that the 
proposed AD accounts only for the labor hours, not the parts costs, 
associated with the actions specified in those service bulletins. The 
commenter provides its actual costs incurred to modify one of its 
airplanes, and compares those costs to the cost estimates of the 
proposed AD.
    We agree that the parts costs may be underestimated in the proposed 
AD. While the commenter's total parts cost was $114,622 with Pratt & 
Whitney Service Bulletin PW7R4A78-179 included, we estimate that the 
parts costs could be as high as $120,000, depending on the airplane 
configuration. We have revised the Cost Impact section accordingly in 
this final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and AMOCs. However, for 
clarity and consistency in this final rule, we have retained the 
language of the proposed AD regarding that material.

Change in Labor Rate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    This AD affects about 38 airplanes of U.S. registry. The FAA 
provides the following cost estimates for the actions specified in this 
AD:

[[Page 41932]]



                                                 Cost Estimates
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                                                                              Hourly                   Cost per
            Action                      Model/series           Work hours   labor rate   Parts cost    airplane
----------------------------------------------------------------------------------------------------------------
                                    Actions currently required by AD 98-25-51
----------------------------------------------------------------------------------------------------------------
Thrust reverser deactivation..  All.........................            2          $65           $0         $130
AFM revision..................  All.........................            1           65            0           65
-------------------------------
                                    Modification (listed by Service Bulletin)
----------------------------------------------------------------------------------------------------------------
A310-78-2018..................  A310-222 and -322...........        1,439           65       53,400      146,935
A310-78-2019..................  A310-324 and -325...........        1,515           65       49,702      148,177
A310-78-2020..................  A310-221 and -222...........        1,273           65       51,088      133,833
A300-78-6017..................  A300 B4-620.................          823           65       51,215      104,710
A300-78-6018..................  A300 B4-622R................        1,318           65       48,664      134,334
A300-78-6020..................  A300 B4-622.................          937           65       52,688      113,593
----------------------------------------------------------------------------------------------------------------

    Operators should note that, if the actions specified in Pratt & 
Whitney Service Bulletins PW7R4 A78-179 and JT9D-7R4-A73-80 have not 
been previously accomplished, the total parts costs associated with the 
required modification could be as high as $120,000 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

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. Section 39.13 is amended by removing amendment 39-10952 (63 FR 
70637, December 22, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-13726, to read as follows:

2004-14-17 Airbus: Amendment 39-13726. Docket 2002-NM-39-AD. 
Supersedes AD 98-25-51, Amendment 39-10952.

    Applicability: The airplanes, certificated in any category, in 
the following table:

----------------------------------------------------------------------------------------------------------------
                                                            Except those modified in   Or modified in accordance
              Model--                  Equipped with--       accordance with  Airbus    with Airbus  production
                                                               service bulletin--            modification--
----------------------------------------------------------------------------------------------------------------
A300 B4-620.......................  PWJT9D-7R4 series      A300-78-6017, dated August  12261, 12264, and 12265.
                                     engines.               6, 2001.
A300 B4-622.......................  PW4000 series engines  A300-78-6020, dated August  12262, 12263, 12265, and
                                                            10, 2001.                   12377; or 12262, 12263,
                                                                                        and 12266.
A300 B4-622R......................  PW4000 series engines  A300-78-6018, dated July    12262, 12263, 12265, and
                                                            17, 2001.                   12377; or 12262, 12263,
                                                                                        and 12266.
A310-221..........................  PWJT9D-7R4 series      A310-78-2020, dated June    12261, 12264, and 12265.
                                     engines.               1, 2001.
A310-222..........................  PWJT9D-7R4 series      A310-78-2020 or A310-78-    12261, 12264, and 12265.
                                     engines.               2018, both dated June 1,
                                                            2001.
Airbus Model A310-324 and -325....  PW4000 series engines  A310-78-2019, dated May 2,  12262, 12263, 12265, and
                                                            2001.                       12377; or 12262, 12263,
                                                                                        and 12266.
----------------------------------------------------------------------------------------------------------------


    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)(1) 
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

[[Page 41933]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent in-flight deployment of a thrust reverser, which 
could result in reduced controllability of the airplane, accomplish 
the following:

Restatement of Requirements of AD 98-25-51

    (a) Within the next 4 flight cycles after December 28, 1998 (the 
effective date of AD 98-25-51, amendment 39-10952), deactivate both 
thrust reversers in accordance with Airbus All Operators Telex (AOT) 
78-08, dated November 30, 1998.
    (b) Within the next 4 flight cycles after December 28, 1998, 
revise the Limitations Section of the Airplane Flight Manual (AFM) 
to include the following:
    ``The takeoff performance on wet and contaminated runways with 
thrust reversers deactivated shall be determined in accordance with 
Airbus Flight Operations Telex (FOT) 999.0124/98, dated November 30, 
1998, as follows:
    For takeoff on wet runways, use performance data in accordance 
with paragraph 4.1 of the FOT.
    For takeoff on contaminated runways, use performance data in 
accordance with paragraph 4.2 of the FOT.
    [Note: This supersedes any relief provided by the Master Minimum 
Equipment List (MMEL).]''

    Note 2:
    The ``FCOM'' referenced in Airbus Flight Operations Telex (FOT) 
999.0124/98, dated November 30, 1998, is Airbus Industrie Flight 
Crew Operating Manual (FCOM), Revision 27 for Airbus Model A310 
series airplanes and Revision 22 for A300-600 series airplanes. (The 
revision number is indicated on the List of Effective Pages (LEP) of 
the FCOM.)


    Note 3:
    FAA letter ANM-01-116-63, dated April 4, 2001, was issued to 
Airbus to allow reactivation of thrust reversers in accordance with 
Airbus AOT 78-09, Revision 3, dated June 29, 1999, if the stow-
latching minimum-force check is done after the serialized selector 
solenoid valve is installed. Achievement of these conditions is 
considered an acceptable method of compliance for paragraphs (a) and 
(b) of this AD, and is available for use by all operators of all 
affected airplanes.

New Requirements of This AD

Modification

    (c) Within 18 months after the effective date of this AD, 
install modifications related to an independent third line of 
defense on the thrust reversers, in accordance with the applicable 
service bulletin listed in Table 2 of this AD. The modifications 
involve retrofit of a new electrical circuit at four locations and 
installation of the synchronous shaft lock system and connection to 
the new electrical circuit. After the modifications have been 
installed, the thrust reversers may be reactivated, and the AFM 
limitation specified by paragraph (b) of this AD may be removed from 
the AFM. Table 2 follows:

                                 Table 2.--Service Information for Modification
----------------------------------------------------------------------------------------------------------------
                                                                                 Install the modification in
           For Airbus model--                   Equipped with model--          accordance with Airbus service
                                                                                         bulletin--
----------------------------------------------------------------------------------------------------------------
A300 B4-620 airplanes...................  PWJT9D-7R4 series engines.......  A300-78-6017, dated August 6, 2001.
A300 B4-622 airplanes...................  PW4000 series engines...........  A300-78-6020, dated August 10, 2001.
A300 B4-622R airplanes..................  PW4000 series engines...........   A300-78-6018, dated July 17, 2001.
A310-221 series airplanes...............  PWJT9D-7R4 series engines.......  A310-78-2020, dated June 1, 2001.
A310-222 series airplanes...............  PWJT9D-7R4 series engines.......  A310-78-2020 or A310-78-2018, both
                                                                             dated June 1, 2001.
A310-322 series airplanes...............  PWJT9D-7R4 series engines.......  A310-78-2018, dated June 1, 2001.
Airbus Model A310-324 and -325 series      PW4000 series engines..........  A310-78-2019, dated May 2, 2001.
 airplanes.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance

    (d)(1) 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, 
Transport Airplane Directorate, FAA. 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 98-25-51, amendment 39-10952, are approved as 
alternative methods of compliance with the requirements of 
paragraphs (a) and (b) of this AD.

    Note 4: 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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions must be 
done in accordance with the applicable service bulletin listed in 
Table 3 of this AD.

         Table 3.--Service Information Incorporated by Reference
------------------------------------------------------------------------
         Service information                         Date
------------------------------------------------------------------------
Airbus All Operators Telex 78-08....  November 30, 1998.
Airbus Service Bulletin A300-78-6017  August 6, 2001.
Airbus Service Bulletin A300-78-6018  July 17, 2001.
Airbus Service Bulletin A300-78-6020  August 10, 2001.
Airbus Service Bulletin A310-78-2018  June 1, 2001.
Airbus Service Bulletin A310-78-2019  May 2, 2001.
Airbus Service Bulletin A310-78-2020  June 1, 2001.
------------------------------------------------------------------------

    (1) The incorporation by reference of the service information 
listed in Table 4 of this AD is approved by the Director of the 
Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.

[[Page 41934]]



                    Table 4.--New Service Information
------------------------------------------------------------------------
         Service information                         Date
------------------------------------------------------------------------
Airbus Service Bulletin A300-78-6017  August 6, 2001.
Airbus Service Bulletin A300-78-6018  July 17, 2001.
Airbus Service Bulletin A300-78-6020  August 10, 2001.
Airbus Service Bulletin A310-78-2018  June 1, 2001.
Airbus Service Bulletin A310-78-2019  May 2, 2001.
Airbus Service Bulletin A310-78-2020  June 1, 2001.
------------------------------------------------------------------------

    (2) The incorporation by reference of Airbus All Operators Telex 
78-08, dated November 30, 1998, was approved previously by the 
Director of the Federal Register as of December 28, 1998 (63 FR 
70637, December 22, 1998).
    (3) Copies may be obtained from Airbus, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the 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.

    Note 5: The subject of this AD is addressed in French 
airworthiness directive 2001-523(B), dated October 31, 2001.

Effective Date

    (g) This amendment becomes effective on August 17, 2004.

    Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15514 Filed 7-12-04; 8:45 am]
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