[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]
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