[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9581-9583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02895]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1002; Directorate Identifier 2012-NM-052-AD; 
Amendment 39-17346; AD 2013-03-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and 
Model A300 C4-605R Variant F airplanes (collectively called A300-600 
series airplanes); and Model A310 series airplanes. This AD was 
prompted by reports of cracking through the honeycomb core closed with 
phenolic resin. This condition could result in extended debonding and 
could adversely affect the structural integrity of the rudder. This AD 
requires inspecting to determine the serial number of a certain rudder 
and replacing the rudder with a new or serviceable rudder if necessary. 
We are issuing this AD to prevent extended de-bonding, which could 
result in loss of the rudder and consequent reduced controllability of 
the airplane.

DATES: This AD becomes effective March 18, 2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 26, 2012 
(77 FR 59149). That NPRM proposed to correct an unsafe condition for 
the specified products. The Mandatory Continuing Airworthiness 
Information (MCAI) states:

    Following in-service findings reported by an operator, rudder 
laboratory investigation revealed the existence of a crack through 
the honeycomb core closed with phenolic resin. This condition if not 
detected and corrected, could result in extended de-bonding, which 
would adversely affect the structural integrity of the rudder. The 
loss of the rudder could lead to degradation of the handling 
qualities and reduces the controllability of the aeroplane.
    Further investigations identified a batch of five affected 
rudders.
    For the reasons described above, this [European Aviation Safety 
Agency (EASA)] AD [2012-0006, dated January 12, 2012] requires 
[inspecting to determine the serial number (S/N) of a certain rudder 
and] the replacement of the five affected rudders with [new or] 
serviceable ones.

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

[[Page 9582]]

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Supersede AD 2010-16-13, Amendment 39-16390 (75 FR 49370, 
August 13, 2010)

    UPS requested that the NPRM (77 FR 59149, September 26, 2012) 
supersede AD 2010-16-13, Amendment 39-16390 (75 FR 49370, August 13, 
2010). UPS stated that three serial numbers in the NPRM are also the 
subject of AD 2010-16-13, which could create conflicting actions for 
the same component.
    We disagree with the request to supersede AD 2010-16-13, Amendment 
39-16390 (75 FR 49370, August 13, 2010). AD 2010-16-13 is a 
comprehensive inspection program to verify the integrity of the bonding 
between the skin and honeycomb core of many rudders, whereas this AD is 
a complete replacement due to in-service findings of a crack through 
the honeycomb core. While the actions in AD 2010-16-13 apply to 
multiple rudders, the replacement required by this AD is limited to 5 
rudders. Since the 5 rudders have to be replaced within 3 months, and 
AD 2010-16-13 applies to many rudders with a various repetitive 
inspection interval, it is unlikely that the inspection and replacement 
requirements would overlap. In addition, depending upon which rudder is 
installed by an operator, the inspection program required by AD 2010-
16-13 may or may not apply. No change has been made to this AD in this 
regard.

Request for Justification of NPRM (77 FR 59149, September 26, 2012)

    An anonymous commenter requested justification for the actions 
required by the NPRM (77 FR 59149, September 26, 2012). The commenter 
suggested that we ground the airplanes, inspect, and fix them, in order 
to ``stop wasting time and taxpayer money.''
    We disagree with the commenter's suggestion for addressing the 
identified unsafe condition. Under part 39 of the Federal Aviation 
Regulations (14 CFR part 39), we issue an AD addressing a product when 
we find that an unsafe condition exists in the product, and the 
condition is likely to exist or develop in other products of the same 
type design. In the case of this AD, we determined that the unsafe 
condition is de-bonding, which could result in loss of the rudder and 
consequent reduced controllability of the airplane.
    Further, under the Administrative Procedure Act (APA) (Pub. L. 79-
404, 5 U.S.C. Sec.  551, et seq.) we are required to provide notice of 
our intent to add, change, or remove information in a rule, as well as 
to give the public an opportunity to participate in rulemaking actions 
unless we find good cause to bypass those requirements. (The APA is a 
body of laws that, working together, provides minimum guidelines and 
rules that federal agencies are required to follow when issuing a rule 
or changing existing rules that, if adopted, would impact the rights of 
the regulated public.) We have followed these requirements in issuing 
this AD.
    Finally, in ADs, we specify a compliance time to incorporate and 
schedule the actions into operators' maintenance programs to prevent 
unnecessary grounding of airplanes.
    We find that no change to this AD is necessary in response to the 
commenter's request.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 59149, September 26, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 59149, September 26, 2012).

Costs of Compliance

    We estimate that this AD will affect 170 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $14,450, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 10 work-hours and require parts costing $714,100, for a cost 
of $714,950 per product. We have no way of determining the number of 
products that may need these actions.

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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 AD and placed it in the AD docket.

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 the NPRM (77 FR 59149, September 26, 
2012), 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 9583]]

the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2013-03-11 Airbus: Amendment 39-17346. Docket No. FAA-2012-1002; 
Directorate Identifier 2012-NM-052-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 18, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, B4-
622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F 
airplanes; and Model A310-203, -204, -221, -222, -304, -322, -324, 
and -325 airplanes; certificated in any category; all serial 
numbers, except those airplanes on which Airbus modification 08827 
has been incorporated in production.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by reports of cracking through the 
honeycomb core closed with phenolic resin. This condition could 
result in extended debonding and could adversely affect the 
structural integrity of the rudder. We are issuing this AD to 
prevent extended de-bonding, which could result in loss of the 
rudder and consequent reduced controllability of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection

    Within 3 months after the effective date of this AD, inspect the 
rudder having part number (P/N) A55471500, to determine if the 
rudder has serial number (S/N) HF1010, HF1036, HF1059, HF1061, or 
HF1064. A review of airplane maintenance records is acceptable in 
lieu of this inspection if the serial number of the rudder can be 
conclusively determined from that review.

(h) Rudder Replacement

    If, during the inspection required by paragraph (g) of this AD, 
any rudder having S/N HF1010, HF1036, HF1059, HF1061, or HF1064 is 
found, before further flight, replace the rudder with a new or 
serviceable rudder, using a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).

    Note 1 to Paragraph (h) of this AD:  Rudders having S/N HF1010, 
HF1036, HF1059, HF1061, and HF1064 were installed on airplanes 
having S/N 0295, 0297, 0321, 0355, and 0500; however, each rudder 
may have been moved to another airplane.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
rudder P/N A55471500, having S/N HF1010, HF1036, HF1059, HF1061, or 
HF1064, on any airplane.

(j) Other FAA AD Provisions

    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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Dan Rodina, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-2125; fax 425-227-1149. Information may be 
emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding 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.

(k) Related Information

    Refer to MCAI EASA Airworthiness Directive 2012-0006, dated 
January 12, 2012, for related information.

(l) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 30, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-02895 Filed 2-8-13; 8:45 am]
BILLING CODE 4910-13-P