[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49431-49434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19549]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0124; Directorate Identifier 2012-NM-197-AD; 
Amendment 39-17944; AD 2014-16-20]
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 A300 series airplanes. This AD was prompted by an analysis 
of the impacts of extended service goal activities on Airbus Model A300 
series airplanes. This AD requires revising the maintenance or 
inspection program. We are issuing this AD to prevent failure of flight 
critical systems.

DATES: This AD becomes effective September 25, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0124; 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 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 
series airplanes. The NPRM published in the Federal Register on 
February 28, 2014 (79 FR 11358). The NPRM was prompted by an analysis 
of the impacts of extended service goal activities on Airbus Model A300 
series airplanes. The NPRM proposed to require revising the maintenance 
program. We are issuing this AD to prevent failure of flight critical 
systems.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0233, dated November 7, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on all Airbus Model A300 
series airplanes. The MCAI states:

    The results of the Extended Service Goal (ESG) exercise for A300 
series aeroplanes (75,000 flight hours (FH) or 48,000 flight cycles 
(FC), whichever occurs first) identified certain operational tests 
as Airworthiness Limitation Items (ALI), necessary to ensure the 
safety objectives for aeroplanes which have accumulated or exceeded 
60,000 FH.
    These ALI are not fully new, since all nine tasks derive from 
existing Maintenance Planning Document (MPD) tasks. Consequently, 
the intervals of those nine tasks can no longer be escalated or 
retained at an interval higher than that specified in this [EASA] AD 
for each task.
    Failure to comply with these tasks within the established 
maximum intervals could be detrimental to the safety of the affected 
aeroplanes.
    For the reasons described above, this [EASA] AD requires the 
implementation of nine specific operational ALI test for aeroplanes 
which have accumulated or exceeded 60,000 FH.
    In addition, Airbus performed an analysis of the impacts of ESG 
activities on A300 series aeroplanes and, based on the results, this 
[EASA] AD publishes an operational life of 75,000 FH or 48,000 FC, 
whichever occurs first, applicable to A300 system installations.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0124-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 11358, February 28, 
2014) or on the determination of the cost to the public.

``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 FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 11358, February 28, 2014), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.

[[Page 49432]]

    No comments were provided to the NPRM (79 FR 11358, February 28, 
2014) about these proposed changes. However, a comment was provided for 
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA 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 actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA Design Organization Approval (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.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``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 relevant data and determined that air safety and 
the public interest require adopting this 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 (79 FR 11358, February 28, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 11358, February 28, 2014).
    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 7 airplanes 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. Required parts will cost about $0 per product. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $595, 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,

[[Page 49433]]

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-2014-0124; 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):

2014-16-20 Airbus: Amendment 39-17944. Docket No. FAA-2014-0124; 
Directorate Identifier 2012-NM-197-AD.

(a) Effective Date

    This AD becomes effective September 25, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-
203, B4-2C, B4-103, and B4-203 airplanes, certificated in any 
category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05 Periodic 
Inspections; Code 22, Auto Flight; Code 27, Flight Controls.

(e) Reason

    This AD was prompted by an analysis of the impacts of extended 
service goal activities on Airbus Model A300 series airplanes. We 
are issuing this AD to prevent failure of flight critical systems.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Table 1 to paragraph (g) of this AD. The 
compliance time for doing the initial actions specified in Table 1 
to paragraph (g) of this AD is before 60,000 total flight hours 
accumulated on the airplane, or within 90 days after the effective 
date of this AD, whichever occurs later.

              Table 1 to Paragraph (g) of This AD: Intervals for New Airworthiness Limitation Items
----------------------------------------------------------------------------------------------------------------
   Maintenance planning                                                                    Aircraft maintenance
     document task No.           Task description          Interval  (not to exceed)         manual reference
----------------------------------------------------------------------------------------------------------------
273311 0503 1.............  ARTIFICIAL FEEL-ELEVATOR--  2,500 flight hours.............  273300/501
                             Operational test of pitch
                             artificial feel by
                             comparing qualitatively
                             operating loads in high-
                             speed and low-speed
                             configurations (with each
                             individual hydraulic
                             system).
273313 0503 1.............  COMPUTER-ARTIFICIAL FEEL--  3,500 flight hours.............  272300/501
                             Operational test of                                         and
                             artificial feel ``pitch                                     273300/501
                             feel'' and ``rudder
                             travel'' monitoring
                             circuits (warning light
                             test and indicating
                             system test).
222100 0503 1.............  YAW DAMPER--Operational     80 flight hours................  222100/501
                             test to verify correct
                             operation of mechanical
                             control between yaw
                             damper system 2 and the
                             rudder.
222600 0503 1.............  YAW DAMPER--Operational     80 flight hours................  222600/501
                             test to verify correct
                             operation of mechanical
                             control between yaw
                             damper system 2 and the
                             rudder.
272411 0503 1.............  SERVO CONTROL-RUDDER--      250 flight hours...............  271400/501
                             Operational test of
                             rudder servo controls
                             (with individual
                             hydraulic system) by
                             moving right-hand (RH)
                             rudder pedal full forward
                             and visually observe that
                             rudder moves to the
                             right. Check that rudder
                             travel is confirmed on
                             the flight control
                             position indicator.
                             Release RH pedal. Repeat
                             above test by moving left-
                             hand rudder pedal.
275400 0503 1.............  FLAP ASYMMETRY--            500 flight hours...............  275400/501
                             Operational test of flap
                             asymmetry monitoring
                             circuit (include solenoid
                             operation).
275400 0503 2.............  FLAP PRESSURE-OFF BRAKE--   1,000 flight hours.............  275400/501
                             Operational test of
                             pressure-off brake.
278300 0503 1.............  SLAT ASYMMETRY--            500 flight hours...............  278300/501
                             Operational test of slat
                             asymmetry monitoring
                             circuit.
278300 0503 2.............  SLAT PRESSURE-OFF BRAKE--   1,000 flight hours.............  278300/501
                             Operational test of
                             pressure-off brake.
----------------------------------------------------------------------------------------------------------------

(h) Airplane Airworthiness Limitation

    As of the effective date of this AD, do not operate any airplane 
beyond 75,000 total flight hours or 48,000 total flight cycles, 
whichever occurs first.

(i) No Alternative Actions and Intervals

    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 in accordance with the procedures 
specified in paragraph (j)(1) 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, 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must

[[Page 49434]]

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) 
European Aviation Safety Agency Airworthiness Directive 2012-0233, 
dated November 7, 2012, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0124-0002.

(l) Material Incorporated by Reference

    None.


    Issued in Renton, Washington, on August 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19549 Filed 8-20-14; 8:45 am]
BILLING CODE 4910-13-P