[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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