[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Proposed Rules]
[Pages 55485-55488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25864]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0993; Directorate Identifier 2009-NM-089-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-2C, B4-103, and 
B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, and B4-622R 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:

    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
* * * * *

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 December 14, 
2009.

[[Page 55486]]


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-2009-0993; 
Directorate Identifier 2009-NM-089-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2009-0094, dated April 21, 2009 (Correction: 
May 29, 2009) (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
    As no fatigue maintenance tasks (Inspection SB or Airworthiness 
Limitation Item) presently exist to inspect the affected area for 
aeroplanes having incorporated Airbus Modification 10453 
preventively (without preliminary crack finding), Airbus has 
developed a new inspection [for cracking, and repair if necessary] 
to ensure structural integrity of the concerned area of frame 40.
* * * * *

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued the following service information. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.
     For Model A300 airplanes: Mandatory Service Bulletin A300-
53A0387, including Appendices 01 and 02, dated September 12, 2008; and 
Service Bulletin A300-53-0268, Revision 06, dated January 7, 2002.
     For Model A300-600 airplanes: Mandatory Service Bulletin 
A300-57A6108, including Appendices 01 and 02, dated September 12, 2008; 
and Service Bulletin A300-57-6052, Revision 03, dated May 27, 2002, 
including Drawings 15R53810394, Issue A, dated December 21, 1998, and 
21R57110247, Issue A, dated June 20, 1997.

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 153 products of U.S. registry. We also estimate that 
it would take about 3 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 $36,720, or $240 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:

[[Page 55487]]

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-2009-0993; Directorate Identifier 2009-NM-
089-AD.

Comments Due Date

    (a) We must receive comments by December 14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus airplanes, certificated in any 
category, as identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A300 B4-2C, B4-103, and B4-203 airplanes, all serial 
numbers, modified preventively in service (without preliminary crack 
findings) in accordance with Airbus Service Bulletin A300-53-0297 
(Airbus Modification 10453).
    (2) Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-
622R airplanes, all serial numbers, modified preventively in service 
(without preliminary crack findings) in accordance with Airbus 
Service Bulletin A300-57-6053 (Airbus Modification 10453).

    Note 1: For airplanes on which Airbus Service Bulletin A300-53-
0297 or A300-57-6053 (Airbus Modification 10453), as applicable, 
have been incorporated as a corrective action (repair following 
crack finding), no action is required by this AD.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
    As no fatigue maintenance tasks (Inspection SB or Airworthiness 
Limitation Item) presently exist to inspect the affected area for 
aeroplanes having incorporated Airbus Modification 10453 
preventively (without preliminary crack finding), Airbus has 
developed a new inspection [for cracking, and repair if necessary] 
to ensure structural integrity of the concerned area of frame 40.
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in Table 1 of this AD: Do a 
one-time detailed visual inspection of the forward fitting at frame 
40 on both sides of the airplane, in accordance with Airbus 
Mandatory Service Bulletin A300-57A6108 (for Model A300 B4-601, B4-
603, B4-605R, B4-620, B4-622, and B4-622R airplanes) or A300-53A0387 
(for Model A300 B4-2C, B4-103, and B4-203 airplanes), both including 
Appendices 01 and 02, both dated September 12, 2008.

                        Table 1--Compliance Times
------------------------------------------------------------------------
   Airplane models/configuration               Compliance time
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A300 B4-2C and B4-103 airplanes on  Prior to the accumulation of 18,000
 which Airbus Service Bulletin       total flight cycles, or within 3
 A300-53-0297 was done prior to      months after the effective date of
 the accumulation of 9,000 total     this AD, whichever occurs later.
 flight cycles.
A300 B4-2C and B4-103 airplanes on  Within 5,500 flight cycles after
 which Airbus Service Bulletin       accomplishment of Airbus Service
 A300-53-0297 was done on or after   Bulletin A300-53-0297, or within 6
 the accumulation of 9,000 total     months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 11,000 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-203 airplanes on which      Prior to the accumulation of 15,000
 Airbus Service Bulletin A300-53-    total flight cycles, or within 3
 0297 was done prior to the          months after the effective date of
 accumulation of 8,300 total         this AD, whichever occurs later.
 flight cycles.
A300 B4-203 airplanes on which      Within 4,100 flight cycles after
 Airbus Service Bulletin A300-53-    accomplishment of Airbus Service
 0297 was done on or after the       Bulletin A300-53-0297, or within 6
 accumulation of 8,300 total         months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 8,200 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-601, B4-603, B4-605R, B4-   Prior to the accumulation of 11,500
 620, B4-622, and B4-622R            total flight cycles, or within 3
 airplanes on which Airbus Service   months after the effective date of
 Bulletin A300-57-6053 was done      this AD, whichever occurs later.
 prior to the accumulation of
 6,100 total flight cycles.

[[Page 55488]]

 
A300 B4-601, B4-603, B4-605R, B4-   Within 3,300 flight cycles after
 620, B4-622, and B4-622R            accomplishment of Airbus Service
 airplanes on which Airbus Service   Bulletin A300-57-6053, or within 6
 Bulletin A300-57-6053 was done on   months after the effective date of
 or after the accumulation of        this AD, whichever occurs later;
 6,100 total flight cycles.          except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 6,600 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-57-6053,
                                     within 3 months after the effective
                                     date of this AD.
------------------------------------------------------------------------

     (2) Except as required by paragraph (f)(3) of this AD: If any 
crack is found during the inspection required by paragraph (f)(1) of 
this AD, before further flight, do a temporary or definitive repair, 
as applicable, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7, 
2002 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or A300-
57-6052, Revision 03, dated May 27, 2002, including Drawings 
15R53810394, Issue A, dated December 21, 1998, and 21R57110247, 
Issue A, dated June 20, 1997 (for Model A300 B4-601, B4-603, B4-
605R, B4-620, B4-622, and B4-622R airplanes).
    (3) If any crack found during the inspection required by 
paragraph (f)(1) of this AD cannot be repaired in accordance with 
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7, 
2002; or A300-57-6052, Revision 03, dated May 27, 2002: Contact 
Airbus for repair instructions and before further flight repair the 
crack using a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA.
    (4) Submit an inspection report in accordance with Appendix 01 
of Airbus Mandatory Service Bulletin A300-53A0387, dated September 
12, 2008 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or 
Airbus Mandatory Service Bulletin A300-57A6108, dated September 12, 
2008 (for Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and 
B4-622R airplanes); to the address identified on the reporting 
sheet, at the applicable time specified in paragraph (f)(4)(i) or 
(f)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or Airbus Service Bulletin A300-53-
0268, Revision 06, dated January 7, 2002; or A300-57-6052, Revision 
03, dated May 27, 2002; allows further flight after cracks are found 
during compliance with the required action, paragraph (f)(3) of this 
AD requires that you repair the cracks before further flight.

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. The AMOC 
approval letter must specifically reference this AD.
    (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 European Aviation Safety Agency Airworthiness 
Directive 2009-0094, dated April 21, 2009 (Correction: May 29, 
2009); and the applicable service information specified in Table 2 
of this AD for related information.

                                      Table 2--Related Service Information
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                Document                           Revision                              Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-   Original.................  September 12, 2008.
 53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300-   Original.................  September 12, 2008.
 57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268....  06.......................  January 7, 2002.
Airbus Service Bulletin A300-57-6052,     03.......................  May 27, 2002.
 including Drawings 15R53810394, Issue
 A, dated December 21, 1998, and
 21R57110247, Issue A, dated June 20,
 1997.
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    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25864 Filed 10-27-09; 8:45 am]
BILLING CODE 4910-13-P