[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19908-19910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9864]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0397; Directorate Identifier 2008-NM-023-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-
3C, B4-103, B4-203, and B4-2C Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:
    An operator has reported the loss of a centre flap inner tab on 
an in-service A300 aircraft. The centre flap inner tab detached 
during approach to an airport. A similar event was reported several 
years ago on a pre-mod 04770 aircraft. * * *
    * * * Investigations led by the manufacturer revealed that the 
centre hinge bracket developed a fatigue crack causing complete 
failure of the bracket. The tab rotated causing failure of the 
inboard link followed by the failure of the outboard link.
    [D]etachment of a centre flap inner tab * * * could be a 
potential risk to persons on [the] ground * * * .

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 1, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; e-mail [email protected]; Internet http://www.airbus.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0397; 
Directorate Identifier 2008-NM-023-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

[[Page 19909]]

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2007-0299R2, dated October 28, 2008 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An operator has reported the loss of a centre flap inner tab on 
an in-service A300 aircraft. The centre flap inner tab detached 
during approach to an airport. A similar event was reported several 
years ago on a pre-mod 04770 aircraft. Previous failure at the aft 
lug of the centre brackets led to the issuance of Airbus Service 
Bulletin A300-57-0205.
    In the most recent case, the aircraft had been modified in 
accordance with Airbus Service Bulletin A300-57-0205 (Airbus 
modification No. 04770). Investigations led by the manufacturer 
revealed that the centre hinge bracket developed a fatigue crack 
causing complete failure of the bracket. The tab rotated causing 
failure of the inboard link followed by the failure of the outboard 
link.
    To avoid a detachment of a centre flap inner tab, which could be 
a potential risk to persons on [the] ground, this AD requires a 
repetitive [high frequency eddy current] inspection of the centre 
flap inner tab hinge bracket and replacement of the bracket when 
cracks are detected * * * [and] reporting of inspection results to 
the TC holder [and provides] an optional terminating action. * * *
* * * * *
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A300-57-0250, Revision 
01, including Appendix 1 and Reporting Sheet, dated September 29, 2008; 
and Airbus Service Bulletin A300-57-0252, dated August 27, 2008. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 22 products of U.S. registry. We also estimate that 
it would take about 55 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $96,800, or $4,400 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2009-0397; Directorate Identifier 2008-NM-
023-AD.

Comments Due Date

    (a) We must receive comments by June 1, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1C, B2-203, B2K-3C, 
B4-103, B4-203, and B4-2C airplanes, certificated in any category, 
all serial numbers, except airplanes which have been modified in 
accordance with Airbus Service Bulletin A300-57-0252 (Airbus 
Modification 13400).

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    An operator has reported the loss of a centre flap inner tab on 
an in-service A300 aircraft. The centre flap inner tab detached 
during approach to an airport. A similar event was reported several 
years ago on a pre-mod 04770 aircraft. Previous failure at the aft 
lug of the centre brackets led to the issuance of Airbus Service 
Bulletin A300-57-0205.

[[Page 19910]]

    In the most recent case, the aircraft had been modified in 
accordance with Airbus Service Bulletin A300-57-0205 (Airbus 
modification No. 04770). Investigations led by the manufacturer 
revealed that the centre hinge bracket developed a fatigue crack 
causing complete failure of the bracket. The tab rotated causing 
failure of the inboard link followed by the failure of the outboard 
link.
    To avoid a detachment of a centre flap inner tab, which could be 
a potential risk to persons on [the] ground, this AD requires a 
repetitive [high frequency eddy current] inspection of the centre 
flap inner tab hinge bracket and replacement of the bracket when 
cracks are detected * * * [and] reporting of inspection results to 
the TC holder [and provides] an optional terminating action. * * *
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the times specified in Table 1 or Table 2 of this AD, as 
applicable, perform a high frequency eddy current inspection to 
detect fatigue cracks of the center hinge bracket of the center flap 
inner tab (on both wings), in accordance with Airbus Mandatory 
Service Bulletin A300-57-0250, Revision 01, dated September 29, 
2008. If no cracking is found, repeat the inspection thereafter at 
intervals not to exceed 850 flight cycles.

Table 1--Airplanes on Which Airbus Service Bulletin A300-57-0205 Has Not
                                Been Done
------------------------------------------------------------------------
 Flight cycles accumulated since first
flight as of the effective date of this          Compliance time
                   AD
------------------------------------------------------------------------
Less than 6,000 flight cycles..........  Prior to accumulating 6,000
                                          flight cycles since first
                                          flight or within 90 days after
                                          the effective date of this AD,
                                          whichever occurs later.
6,000 flight cycles or more, but less    Within 850 flight cycles after
 than 12,000 flight cycles.               the effective date of this AD.
12,000 flight cycles or more...........  Within 500 flight cycles after
                                          the effective date of this AD.
------------------------------------------------------------------------


  Table 2--Airplanes on Which Airbus Service Bulletin A300-57-0205 Has
                                Been Done
------------------------------------------------------------------------
 Flight cycles accumulated since Airbus
     Service Bulletin A300-57-0205
 modification as of the effective date           Compliance time
               of this AD
------------------------------------------------------------------------
Less than 6,000 flight cycles..........  Prior to accumulating 6,000
                                          flight cycles since Airbus
                                          Service Bulletin A300-57-0205
                                          modification or within 90 days
                                          after the effective date of
                                          this AD, whichever occurs
                                          later.
6,000 flight cycles or more, but less    Within 850 flight cycles after
 than 12,000 flight cycles.               the effective date of this AD.
12,000 flight cycles or more...........  Within 500 flight cycles after
                                          the effective date of this AD.
------------------------------------------------------------------------

     (2) If any crack is detected during any inspection required by 
this AD, before further flight, replace the center hinge bracket in 
accordance with Airbus Mandatory Service Bulletin A300-57-0250, 
Revision 01, dated September 29, 2008. Within 6,000 flight cycles 
after replacing the center hinge bracket, do the inspection required 
by paragraph (f)(1) of this AD, and if no cracking is found, repeat 
the inspection thereafter at intervals not to exceed 850 flight 
cycles.
    (3) Modifying the inboard tab of the center flaps in accordance 
with Airbus Service Bulletin A300-57-0252, dated August 27, 2008, 
terminates the requirements of this AD.
    (4) Actions accomplished before the effective date of this AD in 
accordance with Airbus Mandatory Service Bulletin A300-57-0250, 
dated November 2, 2007, are considered acceptable for compliance 
with the corresponding action specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No Differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Airworthiness Directive 2007-0299R2, dated 
October 28, 2008; Airbus Mandatory Service Bulletin A300-57-0250, 
Revision 01, dated September 29, 2008; and Airbus Service Bulletin 
A300-57-0252, dated August 27, 2008; for related information.

    Issued in Renton, Washington, on April 22, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-9864 Filed 4-29-09; 8:45 am]
BILLING CODE 4910-13-P