[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Rules and Regulations]
[Pages 55329-55332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20408]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-297-AD; Amendment 39-13792; AD 2004-18-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 and B4 Series 
Airplanes; and Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622R, C4-
605R Variant F, and F4-605R Airplanes

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 B2 and B4 series 
airplanes, and Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622R, C4-
605R Variant F, and F4-605R airplanes, that currently requires a one-
time inspection for cracking of the gantry lower flanges in the main 
landing gear (MLG) bay area; and repair, if necessary. This amendment 
removes an airplane model from the applicability. This amendment, for 
certain airplanes, retains the one-time inspection for cracking of the 
gantry lower flanges and repair, if necessary. For other airplanes, 
this amendment adds repetitive inspections of the gantry lower flanges; 
repair, if necessary; and reinforcement of the left-hand and right-hand 
gantry. The actions specified by this AD are intended to detect and 
correct cracking of the gantry lower flanges in the MLG bay area, which 
could result in decompression of the airplane. This action is intended 
to address the identified unsafe condition.

DATES: Effective October 19, 2004.
    The incorporation by reference of Airbus Service Bulletin A300-53-
6128, dated March 5, 2001, as listed in the regulations, is approved by 
the Director of the Federal Register as of October 19, 2004.
    The incorporation by reference of Airbus All Operators Telex (AOT) 
53-11, dated October 13, 1997, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of July 
30, 1998 (63 FR 34589, June 25, 1998).

[[Page 55330]]


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 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 98-13-37, 
amendment 39-10628 (63 FR 34589, June 25, 1998), which is applicable to 
certain Airbus Model A300 B2 and B4 series airplanes, and Model A300 
B4-601, B4-603, B4-620, B4-605R, B4-622R, and F4-605R airplanes, was 
published as a supplemental notice of proposed rulemaking (NPRM) in the 
Federal Register on June 25, 2002 (67 FR 42739). The action proposed to 
continue to require a one-time inspection for cracking of the gantry 
lower flanges and repair if necessary. The action also proposed to 
remove one airplane model from the applicability. For other airplanes, 
the action proposed to add repetitive inspections of the gantry lower 
flanges; repair, if necessary; and reinforcement of the left-hand and 
right-hand gantry.

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.

Request To Revise Initial Compliance Time

    One commenter requests that the compliance time for initial 
inspections required in paragraph (b)(1) of the NPRM be revised to 
allow a grace period of ``200 flight cycles from the effective date of 
the new AD.'' The commenter points out that the NPRM specifies that 
initial inspections are to be done within 200 flight cycles from 
service bulletin reception, which allows no grace period with respect 
to the AD. The commenter contends that its request would give operators 
a more manageable time to accomplish the initial visual inspections and 
follow-up inspections. The commenter believes this change provides a 
realistic grace period for the NPRM that is based on manufacturer and 
service bulletin data.
    We agree with the commenter's request to revise the compliance time 
for the initial inspections required in paragraph (b) of the final 
rule. Airbus Service Bulletin A300-53-6128, dated March 5, 2001, which 
is referenced as the appropriate source of service information for 
accomplishing the required actions of the final rule, specifies 
thresholds for the initial inspection that are based on airplane 
configuration and includes a grace period of ``200 flight cycles after 
receipt of this service bulletin.'' We have reviewed the information in 
the service bulletin and have determined that a 200-flight-cycle grace 
period based on the effective date of the AD will address the unsafe 
condition in a timely manner. We have revised paragraph (b) of the 
final rule accordingly.

Request To Allow Direction G[eacute]n[eacute]rale de l'Aviation Civile 
(DGAC) Approval

    The same commenter also requests that the DGAC, which is the 
airworthiness authority for France, or its delegated agent, be allowed 
to approve repair methods for the repairs specified in paragraph (b)(3) 
of the NPRM. The commenter notes that this approval by the DGAC is 
allowed on other ADs and is in accordance with bilateral agreements 
with the FAA and the DGAC. The commenter states that this will allow 
operators to accept repair data approved by the DGAC and provide 
uniformity with other ADs for Model A300 airplanes.
    We agree with the commenter's request to allow the DGAC, or its 
delegated agent, to approve repair methods for the repairs specified in 
paragraph (b)(4) of the final rule (specified as paragraph (b)(3) in 
the NPRM). In light of the type of repair that will be required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for the final rule, 
a repair approved by either the FAA or the DGAC is acceptable for 
compliance with this final rule. We have revised paragraph (b)(4) of 
the final rule accordingly.

Request for Credit for Inspections Accomplished in Accordance With AD 
98-13-37

    The same commenter also requests that Model A300-600 series 
airplanes that have accumulated below 20,500 flight cycles and have 
been previously inspected in accordance with AD 98-13-37 be considered 
in compliance with the NPRM's initial inspection requirements. The 
commenter contends that this would allow operators to take credit for 
previously accomplished equivalent inspections. The commenter notes 
that AD 98-13-37 inspects gantries 3 and 4 in accordance with Airbus 
AOT 53-11, dated October 13, 1997, and if no cracks are found, requires 
the next inspection at 8,000 flight cycles. Therefore, the commenter 
states the inspections are equivalent to those required by the NPRM. In 
addition, the commenter notes that the initial inspection for gantry 5 
is not required until 20,500 flight cycles. The commenter believes that 
the statement ``* * * required as indicated, unless previously 
accomplished'' probably allows for this credit but they would like 
specific clarification.
    We agree with the commenter that operators should get credit for 
inspections previously accomplished in accordance with Airbus AOT 53-
11, dated October 13, 1997. Operators are given credit for work 
previously performed by means of the phrase in the compliance section 
of the final rule that states, ``Required as indicated, unless 
accomplished previously.'' Therefore, an inspection done previously in 
accordance with the AOT is acceptable for compliance with the 
inspection specified in paragraph (a) of the final rule. However, since 
the inspections in paragraph (b) of the final rule are required to be 
accomplished in accordance with Airbus Service Bulletin A300-53-6128, 
dated March 5, 2001, we have added paragraph (c) to the final rule to 
give operators credit for applicable inspections done previously in 
accordance with the AOT.

Clarification of Applicability

    We inadvertently excluded Airbus Model A300 C4-605R Variant F 
airplanes from the applicability of the NPRM. The applicability of the 
NPRM was intended to be the same as French airworthiness directive (AD) 
2001-091(B), dated March 21, 2001, excluding Model A300 F4-622R 
airplanes, and French AD 1997-372-236(B) R2, dated April 18, 2001. We 
have revised the applicability of the final rule to include Airbus 
Model A300 C4-605R Variant F airplanes and have added these airplanes 
to paragraph (b) of the final rule. These airplanes are not registered 
in the U.S. so adding these airplanes to the applicability does not 
increase the burden of any U.S. operator nor does it expand the scope 
of the final rule.

[[Page 55331]]

However, adding these airplanes to the applicability will ensure that 
if the affected airplane is imported and placed on the U.S. register in 
the future, the airplane will be required to be in compliance as well.

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 alternative methods of 
compliance (AMOCs). However, for clarity and consistency in this final 
rule, we have retained the language of the NPRM regarding that 
material.

Change to Labor Rate Estimate

    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

One-Time Inspection

    The number of airplanes affected by AD 98-13-37 was estimated to be 
67. The one-time inspection required by that AD was estimated to take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of AD 98-13-37 on U.S. operators was estimated to be $17,420, or 
$260 per airplane.
    The FAA currently estimates that 43 Model A300 B2 and B4 series 
airplanes of U.S. registry will be affected by the one-time inspection 
required by AD 98-13-37 and retained in this AD. However the future 
cost impact of this requirement is minimal as we consider that all 
affected U.S. operators have previously accomplished these 
requirements.

Repetitive Inspections

    The FAA estimates that 78 Model A300 B4-601, B4-603, B4-605R, B4-
620, B4-622R, and F4-605R airplanes of U.S. registry will be affected 
by the required repetitive inspections, that it will take approximately 
12 work hours per airplane to accomplish each inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the required repetitive inspections on those U.S. 
operators is estimated to be $60,840, or $780 per airplane, per 
inspection cycle.
    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 39-10628 (63 FR 
34589, June 25, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-13792, to read as follows:

2004-18-13 Airbus: Amendment 39-13792. Docket 2000-NM-297-AD. 
Supersedes AD 98-13-37, Amendment 39-10628.

    Applicability: Model A300 B2 and B4 series airplanes on which 
Airbus Modification 3474 has been accomplished; and Model A300 B4-
601, B4-603, B4-605R, B4-620, B4-622R, C4-605R Variant F, and F4-
605R airplanes on which Airbus Modification 12169 has not been 
incorporated in production; 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 (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 detect and correct cracking of the gantry lower flanges in 
the main landing gear (MLG) bay area, which could result in 
decompression of the airplane, accomplish the following:

One-Time Inspection and Corrective Action

    (a) For Model A300 B2 and B4 series airplanes: Prior to the 
accumulation of 16,300 total flight cycles, or within 500 flight 
cycles after July 30, 1998 (the effective date of AD 98-13-37, 
amendment 39-10628), whichever occurs later, perform a one-time 
ultrasonic inspection for cracking of the gantry lower flanges in 
the MLG bay area, in accordance with Airbus All Operators Telex 
(AOT) 53-11, dated October 13, 1997.
    (1) If any cracking is detected, prior to further flight, repair 
in accordance with the AOT.
    (2) If no cracking is detected, no further action is required by 
this paragraph.

[[Page 55332]]

Repetitive Inspections and Corrective Action

    (b) For Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622R, C4-
605R Variant F airplanes, and F4-605R airplanes: Perform the 
requirements of paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of 
this AD, in accordance with Airbus Service Bulletin A300-53-6128, 
dated March 5, 2001.
    (1) At the later of the times specified in paragraphs (b)(1)(i) 
and (b)(1)(ii) of this AD, perform initial ultrasonic inspections or 
high-frequency eddy current inspections for cracks of the lower 
flanges of gantries 3, 4, and 5 between fuselage frames FR47 and 
FR54, in accordance with the Accomplishment Instructions, including 
the Synoptic Chart contained in Figure 2, sheets 1 through 5 
inclusive, of the service bulletin.
    (i) In accordance with the thresholds specified in the Synoptic 
Chart contained in Figure 2, sheets 1 through 5 inclusive, of the 
service bulletin; or
    (ii) Within 200 flight cycles after the effective date of this 
AD.
    (2) Perform repetitive ultrasonic inspections or high-frequency 
eddy current inspections for cracks of the lower flanges of gantries 
3, 4, and 5 between fuselage frames FR47 and FR54, in accordance 
with the thresholds and Accomplishment Instructions, including the 
Synoptic Chart contained in Figure 2, sheets 1 through 5 inclusive, 
of the service bulletin.
    (3) Perform repairs and reinforcements, in accordance with the 
thresholds and the Accomplishment Instructions, including the 
Synoptic Chart contained in Figure 2, sheets 1 through 5 inclusive, 
of the service bulletin, except as specified in paragraph (b)(4) of 
this AD.
    (4) If a new crack is found during any action required by 
paragraph (b)(1), (b)(2) or (b)(3) of this AD and the Synoptic Chart 
contained in Figure 2, sheets 1 through 5 inclusive, of the service 
bulletin specifies to contact Airbus for appropriate action: Prior 
to further flight, repair per a method approved by the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) 
(or its delegated agent).

Credit for Inspections Accomplished in Accordance With the AOT

    (c) Any inspection accomplished before the effective date of 
this AD in accordance with Airbus AOT 53-11, dated October 13, 1997, 
is acceptable for compliance with the corresponding inspection 
specified in paragraph (b)(1) of this AD, for that inspection area 
only. Operators must do the applicable inspections in paragraph 
(b)(1) of this AD for the remaining inspection areas.

Alternative Methods of Compliance (AMOCs)

    (d) An AMOC 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 AMOCs 
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 shall be 
done in accordance with Airbus Service Bulletin A300-53-6128, 
excluding Appendix 01, dated March 5, 2001; and Airbus All Operators 
Telex (AOT) 53-11, dated October 13, 1997; as applicable.
    (1) The incorporation by reference of Airbus Service Bulletin 
A300-53-6128, excluding Appendix 01, dated March 5, 2001, is 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Airbus All Operators Telex 
(AOT) 53-11, dated October 13, 1997, was approved previously by the 
Director of the Federal Register as of July 30, 1998 (63 FR 34589, 
June 25, 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 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 3: The subject of this AD is addressed in French 
airworthiness directives 1997-372-236(B) R2, dated April 18, 2001, 
and 2001-091(B), dated March 21, 2001.

Effective Date

    (g) This amendment becomes effective on October 19, 2004.

    Issued in Renton, Washington, on August 31, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-20408 Filed 9-13-04; 8:45 am]
BILLING CODE 4910-13-P