[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Proposed Rules]
[Pages 78944-78947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26813]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / 
Proposed Rules  

[[Page 78944]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0084; Directorate Identifier 2014-NM-181-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Airbus Model A300 B4-2C, B4-103, and B4-203 airplanes; 
and Model A300 B4-600 and A300 B4-600R series airplanes. This action 
revises the NPRM by adding additional inspections for cracking, and 
related investigative and corrective actions if necessary, and adding 
airplanes to the applicability. We are proposing this SNPRM to detect 
and correct cracking on the frame (FR) 40 forward fittings, which could 
result in reduced structural integrity of the airplane. Since these 
actions impose an additional burden over those proposed in the NPRM, we 
are reopening the comment period to allow the public the chance to 
comment on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on February 13, 2015 (80 FR 7992) is reopened.
    We must receive comments on this SNPRM by December 27, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this SNPRM, 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. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0084; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0084; 
Directorate Identifier 2014-NM-181-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus Model A300 
B4-2C, B4-103, and B4-203 airplanes; and Model A300 B4-600 and A300 B4-
600R series airplanes. The NPRM published in the Federal Register on 
February 13, 2015 (80 FR 7992) (``the NPRM''). The NPRM was prompted by 
reports indicating that, on airplanes that received a certain repair 
following crack findings, cracks can re-initiate. The NPRM proposed to 
require repetitive inspections for cracking of the FR 40 forward 
fittings for airplanes previously repaired.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that additional 
inspections for cracking are necessary and that additional airplanes 
are affected by the identified unsafe condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0232R1, dated December 16, 2015 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A300 series airplanes; and Model A300 B4-600, B4-600R and F4-600R 
series airplanes, and Model A300 C4-605R Variant F airplanes 
(collectively called Model A300-600 series airplanes). The MCAI states:

    Cracks were found on the lower outboard radius of the centre 
wing frame 40 forward fitting on in-service aeroplanes.
    This condition, if not detected and corrected, could lead to 
reduced structural integrity of the aeroplane.
    To address this unsafe condition, Airbus issued several 
inspection Service Bulletins (SB) and repair instructions. 
Consequently, EASA issued AD 2009-0094, which was later superseded 
by EASA AD 2011-0163 [which

[[Page 78945]]

corresponds to FAA AD 2012-25-06, Amendment 39-17287 (77 FR 75833, 
December 26, 2012) (``AD 2012-25-06'')] and [EASA] AD 2014-0199 
[which corresponds to the FAA NPRM], to require repetitive 
inspections and corrective actions on the affected areas.
    Since those [EASA] ADs were issued, additional in-service 
findings induced Airbus to do a new fatigue analysis, using a 
detailed Finite Element Model study, which resulted in defining new 
inspection methods. Prompted by these results, Airbus issued SB 
A300-57-0261, SB A300-57-6117 and SB A300-57-9034 to introduce these 
inspections. These new inspection SBs supersede and render obsolete 
inspection SB A300-53-0268 and SB A300-57-6052 and the All Operators 
Transmissions (AOT) A300-53A0391, AOT A300-57A6111, AOT A300-53W002-
14 and AOT A300-57W003-14.
    For the reasons described above, EASA issued AD 2015-0232, 
superseding [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
DGAC France AD 1998-038-010(B) R1 [which corresponds to FAA AD 98-
25-07, Amendment 39-10933 (63 FR 68167, December 10, 1998) (``AD 98-
25-07'')] and [DGAC France] AD 2003-189(B), and EASA AD 2011-0163 
and [EASA] AD 2014-0199, to require the new inspections of the 
affected areas within new thresholds and intervals.
    This [EASA] AD is revised to clarify the compliance time(s), 
introducing a Note after paragraph (1), and to alleviate the 
reporting requirements of paragraph (3).

    Required actions include repetitive rototest, ultrasonic, high 
frequency eddy current, special detailed, and liquid penetrant 
inspections, as applicable, of the center wing FR 40 lower outboard 
radius for cracking, and related investigative and corrective actions 
if necessary. Related investigative actions include rototest, 
ultrasonic, high frequency eddy current, and liquid penetrant 
inspections following repairs of cracking.
    Corrective actions include oversizing fastener holes and installing 
new fasteners, doing spotfacing, doing crack-stop holes, and repairing 
cracking.
    The compliance times vary depending on airplane configuration. The 
initial compliance times range from 3 months to 56,300 flight cycles or 
76,000 flight hours (whichever occurs first) after accomplishing 
certain actions. Repetitive intervals range from 1,400 flight cycles or 
3,000 flight hours (whichever occurs first) to 37,500 flight cycles or 
50,600 flight hours (whichever occurs first).
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0084.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-57-6117, dated May 28, 
2015; and Service Bulletin A300-57-0261, dated June 11, 2015. The 
service information describes procedures for repetitive ultrasonic 
inspections, rototest inspections, high frequency eddy current 
inspections, special detailed inspections, and liquid penetrant 
inspections, and related investigative and corrective actions. These 
documents are distinct since they apply to different airplane models. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Comments

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

Request To Suspend Activities on the NPRM Pending New Service 
Information

    United Parcel Service (UPS) requested that we suspend activities on 
the NPRM pending the issuance of new service information. UPS stated 
that the new service information will address airplanes that were not 
identified in the NPRM and will include new inspections.
    We acknowledge the commenter's request. We have reviewed the new 
service information (Airbus Service Bulletin A300-57-6117, dated May 
28, 2015; and Airbus Service Bulletin A300-57-0261, dated June 11, 
2015) and have revised this SNPRM accordingly. We have updated 
paragraph (c) of this proposed AD to include all affected airplanes, 
and we have revised paragraphs (g) and (h) of this proposed AD to refer 
to the new service information.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 26 airplanes of U.S. registry. 
We estimate the following costs to comply with this SNPRM.

                             Estimated Costs
------------------------------------------------------------------------
                                            Cost per       Cost on U.S.
        Action            Labor cost        product         operators
------------------------------------------------------------------------
Inspection...........  Up to 91 work-   Up to $7,735     Up to $201,110
                        hours x $85      per inspection   per inspection
                        per hour =       cycle.           cycle.
                        $7,735 per
                        inspection
                        cycle.
Reporting............  1 work-hour x    $85............  $2,210
                        $85 per hour =
                        $85.
------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave. SW., Washington, DC 
20591, ATTN: Information Collection Clearance Officer, AES-200.

[[Page 78946]]

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Airbus: Docket No. FAA-2015-0084; Directorate Identifier 2014-NM-
181-AD.

(a) Comments Due Date

    We must receive comments by December 27, 2016.

(b) Affected ADs

    This AD affects AD 98-25-07, Amendment 39-10933 (63 FR 68167, 
December 10, 1998) (``AD 98-25-07''); and AD 2012-25-06, Amendment 
39-17287 (77 FR 75833, December 26, 2012) (``AD 2012-25-06'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(5) of this AD, 
except airplanes on which Airbus Modification 10221 has been 
embodied in production.
    (1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and 
B4-203 airplanes.
    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (3) Model A300 B4-605R and B4-622R airplanes.
    (4) Model A300 F4-605R and F4-622R airplanes.
    (5) Model A300 C4-605R Variant F airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks on the lower outboard 
radius of the center wing frame (FR) 40 forward fitting. We are 
issuing this AD to detect and correct cracking on the FR 40 forward 
fittings, 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) Repetitive Inspections

    Except as provided by paragraph (i)(1) of this AD, at the 
applicable times specified in paragraph E.(2), ``Compliance,'' of 
Airbus Service Bulletin A300-57-0261, dated June 11, 2015; or Airbus 
Service Bulletin A300-57-6117, dated May 28, 2015; accomplish 
rototest, ultrasonic, high frequency eddy current, special detailed, 
and liquid penetrant inspections, as applicable, of the center wing 
FR 40 lower outboard radius for cracking, and do all applicable 
related investigative actions, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A300-57-0261, dated June 11, 
2015; or Airbus Service Bulletin A300-57-6117, dated May 28, 2015; 
as applicable. Do all applicable related investigative actions 
before further flight. Repeat the inspections thereafter at the 
applicable times specified in paragraph E.(2), ``Compliance,'' of 
Airbus Service Bulletin A300-57-0261, dated June 11, 2015; or Airbus 
Service Bulletin A300-57-6117, dated May 28, 2015.

(h) Corrective Actions

    If, during any inspection required by paragraph (g) of this AD, 
any crack is found, before next flight, accomplish the applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A300-57-0261, dated June 11, 
2015; or Airbus Service Bulletin A300-57-6117, dated May 28, 2015; 
as applicable; except as required by paragraph (i)(2) of this AD.

(i) Service Information Exception

    (1) Where the service information specified in paragraph (g) of 
this AD specifies a compliance time ``from this service bulletin 
issuance date,'' this AD requires compliance within the specified 
compliance time after the effective date of this AD.
    (2) Where the service information specified in paragraph (h) of 
this AD specifies to contact Airbus for certain conditions, before 
further flight, repair using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA); or Airbus' EASA 
Design Organization Approval (DOA).

(j) No Terminating Action for This AD

    Accomplishing a corrective action required by paragraph (h) of 
this AD, or accomplishing a preventative action specified in Airbus 
Service Bulletin A300-57-0260 or A300-57-6116, as applicable, does 
not terminate the repetitive inspections required by paragraph (g) 
of this AD.

(k) Terminating Action for Certain Requirements of Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this 
AD terminates the actions required by paragraphs (a) and (b) of AD 
98-25-07.
    (2) Accomplishing the actions required by paragraph (g) of this 
AD terminates the actions required by paragraphs (i) and (j) of AD 
2012-25-06.

(l) Reporting Requirements

    Within 60 days after any inspection required by paragraph (g) of 
this AD, or within 60 days after the effective date of this AD, 
whichever occurs later, report any findings, positive or negative, 
to Airbus Service Bulletin Reporting Online Application on Airbus 
World (https://w3.airbus.com/).

(m) 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:

[[Page 78947]]

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.
    (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 EASA; 
or Airbus's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0232R1, dated December 16, 
2015, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-0084.
    (2) 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. 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.

    Issued in Renton, Washington, on October 31, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-26813 Filed 11-9-16; 8:45 am]
 BILLING CODE 4910-13-P