[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48957-48961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18906]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1158; Directorate Identifier 2011-NM-232-AD; 
Amendment 39-17501; AD 2013-13-13]
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 all 
Airbus Model A310 series airplanes; and 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). This AD was prompted 
by the revision of certain airworthiness limitation items (ALI) 
documents, which require more restrictive maintenance requirements and 
airworthiness limitations. This AD requires revising the maintenance or 
inspection program to incorporate the limitations section. We are 
issuing this AD to prevent fatigue cracking, damage, or corrosion in 
principal structural elements, which could result in reduced structural 
integrity of the airplane.

DATES: This AD becomes effective September 23, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 23, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2012-1158 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS, 
Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; telephone +33 5 61 93 36

[[Page 48958]]

96; fax +33 5 61 93 44 51; email [email protected]; 
Internet http://www.airbus.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

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 by adding an AD that would apply to all Airbus Model A300 and 
A310 series airplanes; and 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). The NPRM was intended 
to supersede AD 2011-10-17, Amendment 39-16698 (76 FR 27875, May 13, 
2011). The NPRM published in the Federal Register on November 7, 2012 
(77 FR 66772). The NPRM was prompted by the revision of certain 
airworthiness limitation items (ALI) documents, which require more 
restrictive maintenance requirements and airworthiness limitations. The 
NPRM proposed to require revising the maintenance program to 
incorporate the limitations section. We are issuing this AD to prevent 
fatigue cracking, damage, or corrosion in principal structural 
elements, which could result in reduced structural integrity of the 
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, issued EASA 
Airworthiness Directive 2011-0198, dated October 19, 2011 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition all Airbus Model A300 and 
A310 series airplanes; and 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). The MCAI states:

    The airworthiness limitations applicable to the Damage Tolerant 
Airworthiness Limitation Items (DT ALIs) are currently listed in 
Airbus ALI Documents, which are referenced in the A300, A310 and 
A300-600 Airworthiness Limitations Section (ALS) Part 2.
    Airbus have recently revised the A300-600 and A310 ALI 
Documents, and these issues have been approved by EASA. The Airbus 
A300-600 ALI Document issue 13 and temporary revision (TR) 13.1 and 
the A310 ALI document issue 08 introduce more restrictive 
maintenance requirements and airworthiness limitations, which have 
been identified as mandatory actions for continued airworthiness.
    EASA AD 2009-0155 [which corresponds to FAA AD 2011-10-17, 
Amendment 39-16698 (76 FR 27875, May 13, 2011)] required compliance 
with the maintenance requirements and associated airworthiness 
limitations defined in the following documents:

--AIRBUS A300 ALI Document issue 04,
--AIRBUS A310 ALI Document issue 07, and
--AIRBUS A300-600 ALI Document issue 12.

    For the reasons described, this EASA AD retains the requirements 
of EASA AD 2009-0155, which is superseded, and requires compliance 
with the airworthiness limitations defined in the Airbus A300-600 
ALI Document issue 13 and TR13.1, and the A310 ALI document issue 
08.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2012-1158-0002.

Actions Since NPRM (77 FR 66772, November 7, 2012)

    The NPRM (77 FR 66772, November 7, 2012) proposed to supersede AD 
2011-10-17, Amendment 39-16698 (76 FR 27875, May 13, 2011). However, 
the new actions introduced in the NPRM and required by this final rule 
apply only to Model A310 and A300-600 series airplanes. The actions 
required for Model A300 series airplanes that are required by AD 2011-
10-17 are not affected by this AD. AD 2011-10-17 therefore remains in 
effect in its entirety for Model A300, A300-600, and A310 series 
airplanes. The requirements of this final rule include only the new 
actions, and apply only to Model A310 and A300-600 series airplanes.

Comments

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

Request for Clarification of Compliance Times

    UPS requested clarification of the compliance times for the 
maintenance program revision and the initial inspection. UPS noted that 
operators have 3 months to complete both the maintenance program 
revision and the initial inspections. UPS stated that the current 
wording indicates that the two tasks are to be accomplished 
concurrently, and cannot be accomplished until approved by the 
principal maintenance inspector. UPS added that concurrent 
accomplishment of the two actions is not feasible and requested that 
accomplishment of these two actions be consecutive rather than 
concurrent.
    We agree to provide clarification. The commenter's statement that 
operators have 3 months to complete both the maintenance program 
revision and initial inspections is not accurate. As specified in 
paragraph (g) of this AD, operators have 3 months to revise the 
maintenance or inspection program, as applicable. However, the 
compliance time for the initial inspections is at the times in the 
applicable service information identified in paragraphs (g)(1), 
(g)(1)(i)(A), and (g)(2) of this AD, or within 3 months after the 
effective date of this AD, whichever occurs later.
    For the service information identified in paragraphs (g)(1) and 
(g)(2) of this AD, there are also compliance times specified in 
paragraph 3., ``Special Compliance Times,'' in the ``Record of 
Revisions'' section of the service information, which provide 
compliance times relative to the approval date or publication date of 
the service information. We have determined that those compliance times 
should be relative to the effective date of this AD; therefore, we have 
added compliance time exceptions to paragraphs (g)(1)(i)(B) and 
(g)(2)(i) of this AD. We have determined that extending these 
compliance times will provide an acceptable level of safety.

Request To Extend Grace Period and Repetitive Intervals

    UPS requested that the proposed grace period and repetitive 
intervals be extended to be equivalent to the requirements of AD 2011-
10-17, Amendment 39-16698 (76 FR 27875, May 13, 2011). UPS commented 
that the proposed compliance times are overly conservative and are not 
supported by industry data.
    We do not agree with the commenter's request to extend the grace 
period and repetitive intervals. Airbus revised the ALIs based upon 
analysis and data. Under the provisions of paragraph (j) of this final 
rule, however, we will consider requests for approval of an extension 
of the compliance time if sufficient data are submitted to substantiate 
that a different compliance time would provide an acceptable level of 
safety. We have not changed this final rule in this regard.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the

[[Page 48959]]

FAA develops an AD based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or 
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of 
deviations during the accomplishment of an AD-mandated action. The 
Airworthy Product paragraph does not approve messages or other 
information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the action must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 66772, November 7, 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 66772, November 7, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 170 airplanes of U.S. registry.
    We estimate that it will take about 1 work-hour per product to 
comply with the new 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 on U.S. operators to be $14,450, or $85 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2012-1158; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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, 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 airworthiness 
directive (AD):

2013-13-13 Airbus Airplanes: Amendment 39-17501. Docket No. FAA-
2012-1158; Directorate Identifier 2011-NM-232-AD.

[[Page 48960]]

(a) Effective Date

    This AD becomes effective September 23, 2014.

(b) Affected ADs

    This AD affects AD 2011-10-17, Amendment 39-16698 (76 FR 27875, 
May 13, 2011).

(c) Applicability

    This AD applies to all Airbus model airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model A310-203, -204, -221, -222, 304, -322, -324, and -325 
airplanes.
    (2) Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-622R, 
F4-605R, F4-622R, and C4-605R Variant F airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by revisions of certain Airbus 
Airworthiness Limitation Items (ALI) documents, which require more 
restrictive maintenance requirements and airworthiness limitations. 
We are issuing this AD to prevent fatigue cracking, damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    (1) For Model A300-600 series airplanes: Within 3 months after 
the effective date of this AD, revise the maintenance or inspection 
program, as applicable, to incorporate the structural inspections 
and inspection intervals defined in Airbus A300-600 Airworthiness 
Limitation Items Document AI/SE-M2/95A.1310/07, Issue 13, dated 
October 2010. The initial compliance time for accomplishing the 
inspections is at the later of the times specified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD.
    (i) At the applicable times specified in Airbus A300-600 
Airworthiness Limitation Items Document AI/SE-M2/95A.1310/07, Issue 
13, dated October 2010, except as specified in paragraphs 
(g)(1)(i)(A) and (g)(1)(i)(B) of this AD.
    (A) For actions identified in Airbus A300-600 Airworthiness 
Limitation Items Document AI/SE-M2/95A.1310/07, Issue 13, dated 
October 2010; and Airbus TR 13.1, dated February 2011, to the Airbus 
A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.1310/
07, Issue 13, dated October 2010: Use the applicable compliance time 
specified in Airbus Temporary Revision (TR) 13.1, dated February 
2011, to the Airbus A300-600 Airworthiness Limitation Items Document 
AI/SE-M2/95A.1310/07, Issue 13, dated October 2010.
    (B) Where compliance times in paragraph 3., ``Special Compliance 
Times,'' in the ``Record of Revisions'' section of Airbus A300-600 
Airworthiness Limitation Items Document AI/SE-M2/95A.1310/07, 
specify ``from approval date of A300-600 ALI Document Issue 13,'' 
``from date approval of A300-600 ALI Document Issue 13,'' or ``from 
A300-600 ALI Document Issue date of publication,'' for this AD use 
``after the effective date of this AD'' for those compliance times.
    (ii) Within 3 months after the effective date of this AD.
    (2) For Model A310 series airplanes: Within 3 months after the 
effective date of this AD, revise the maintenance or inspection 
program, as applicable, to incorporate the structural inspections 
and inspection intervals defined in Airbus A310 Airworthiness 
Limitation Items Document AI/SE-M2/95A.1309/07, Issue 8, dated 
October 2010. The initial compliance time for accomplishing the 
inspections is at the later of the times specified in paragraph 
(g)(2)(i) and (g)(2)(ii) of this AD.
    (i) At the applicable times specified in Airbus A310 
Airworthiness Limitation Items Document AI/SE-M2/95A.1309/07, Issue 
8, dated October 2010; except where compliance times in paragraph 
3., ``Special Compliance Times,'' in the ``Record of Revisions'' 
section of Airbus A310 Airworthiness Limitation Items Document AI/
SE-M2/95A.1309/07, Issue 8, dated October 2010, specify ``from date 
of approval of ALI Document Issue 8,'' or ``from date approval of 
the ALI document Issue 8,'' for this AD use ``after the effective 
date of this AD'' for those compliance times.
    (ii) Within 3 months after the effective date of this AD.

(h) Terminating Action for AD 2011-10-17, Amendment 39-16698 (76 FR 
27875, May 13, 2011)

    Accomplishing the revision required by paragraph (g) of this AD 
terminates the actions required by paragraph (s) of AD 2011-10-17, 
Amendment 39-16698 (76 FR 27875, May 13, 2011) for that airplane 
only.

(i) New Alternative Inspections and Inspection Intervals Limitation

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j) of this AD.

(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, 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2011-0198, dated October 19, 2011, for 
related information. You may examine the MCAI in the AD docket on 
the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-
2012-1158-0002.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A300-600 Airworthiness Limitation Items Document AI/
SE-M2/95A.1310/07, Issue 13, dated October 2010.
    (ii) Airbus A310 Airworthiness Limitation Items Document AI/SE-
M2/95A.1309/07, Issue 8, dated October 2010. Page APXD-362 (which 
contains Illustration 2 of 2 of Figure 575141) of this document does 
not contain an issue date or page number.
    (iii) Airbus Temporary Revision 13.1, dated February 2011, to 
Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/
95A.1310/07, Issue 13, dated October 2010.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email [email protected]; 
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.


[[Page 48961]]


    Issued in Renton, Washington, on July 30, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-18906 Filed 8-18-14; 8:45 am]
BILLING CODE 4910-13-P