[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Proposed Rules]
[Pages 20300-20303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09441]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Proposed 
Rules  

[[Page 20300]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0319; Product Identifier 2019-NM-005-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2002-07-
05, which applies to all Airbus Model A300 B2, A300 B4, A300 B4-600, 
and A300 B4-600R series airplanes, and Model A300 F4-605R airplanes. AD 
2002-07-05 requires repetitive inspections for cracking of certain 
fittings, corrective action if necessary, and, for certain airplanes, a 
modification. AD 2002-07-05 also provides an optional terminating 
action for the repetitive inspections. Since we issued AD 2002-07-05, 
we determined that, for certain airplanes, the existing inspection 
compliance times were not sufficient to address the unsafe condition 
and needed to be reduced. This proposed AD would require repetitive 
inspections for cracking of certain fittings, corrective actions if 
necessary, and, for certain airplanes, a modification, as specified in 
an European Aviation Safety Agency (EASA) AD, which will be 
incorporated by reference. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 24, 2019.

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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the incorporation by reference (IBR) material described in the 
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email [email protected]; 
internet www.easa.europa.eu. You may find this IBR material on the EASA 
website at https://ad.easa.europa.eu. You may view this IBR material at 
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available in the AD docket on the 
internet at http://www.regulations.gov.

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-2019-
0319; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0319; 
Product Identifier 2019-NM-005-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    We issued AD 2002-07-05, Amendment 39-12699 (67 FR 16983, April 9, 
2002) (``AD 2002-07-05''), for all Airbus Model A300 B2, A300 B4, A300 
B4-600, and A300 B4-600R series airplanes, and Model A300 F4-605R 
airplanes. AD 2002-07-05 requires repetitive inspections for cracking 
of certain fittings, corrective action if necessary, and, for certain 
airplanes, a modification. AD 2002-07-05 also provides an optional 
terminating action for the repetitive inspections. AD 2002-07-05 
resulted from reports of cracked frame (FR) 40 aft fittings at stringer 
33 on the left and right sides of the fuselage. The cracking has been 
attributed to local stress concentrations at the upper flange runout of 
FR40. We issued AD 2002-07-05 to address propagation of cracks on the 
FR40 aft fittings due to local stress concentrations at the upper 
flange runout of FR40, which could result in reduced structural 
integrity of the airplane.

Actions Since AD 2002-07-05 Was Issued

    Since we issued AD 2002-07-05, we determined that, for certain 
airplanes, the existing inspection compliance times were not sufficient 
to address the unsafe condition and needed to be reduced.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0011R1, dated February 22, 2019 
(``EASA AD 2019-0011R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A300 series

[[Page 20301]]

airplanes; Model A300 B4-600 series airplanes; Model A300 B4-600R 
series airplanes; and Model A300 C4-605R Variant F airplanes; and 
certain Model A300 F4-605R airplanes. The MCAI states:

    After embodiment of Airbus SB [service bulletin] A300-53-0161, 
cracks were reported on three aeroplanes. Investigations highlighted 
that these cracks were caused by a local stress concentration at 
FR40 upper flange run-out, where the profile of the FR40 changes at 
the centre wing box connection.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    Subsequently to this finding, Airbus established a High 
Frequency Eddy Current (HFEC) inspection program for A300 aeroplanes 
implemented in service through Airbus SB A300-53-0296. In the same 
time, Airbus launched mod. 10430 in production line associated to SB 
A300-53-6048 for the retrofit campaign for A300-600. The same HFEC 
inspection program was defined for A300-600 aeroplanes and included 
in SB A300-53-6048 instructions.
    [Direction Generale de l'Aviation Civile] DGAC France AD F-1998-
481-270 [which corresponds to FAA AD 2002-07-05] was published to 
mandate the embodiment of these two SBs.
    DGAC France AD F-2000-038-032 was also published later to 
mandate Airbus SB A300-53-9017 applicable to A300-600ST aeroplanes.
    Since DGAC France AD F-1998-481-270 and F-2000-038-032 were 
issued, material data used in the frame of fatigue and damage 
tolerance analysis has been changed. It was determined that the 
existing threshold and interval values must be reduced for A300-600 
and A300-600ST fleet. Consequently, Airbus revised SB A300-53-6048 
to Revision 05 and SB A300-53-9017 to Revision 02 to take into 
account the new thresholds and intervals.
    For the reasons described above, this [EASA] AD retains the 
requirement of DGAC France AD F-1998-481-270R2 and F-2000-038-032R1, 
which are superseded, and introduces new thresholds and intervals 
for A300-600 and A300-600ST aeroplanes.
    This [EASA] AD is revised to correct a typo in the 
Applicability, introduces Tables 1a and 1b, replacing original Table 
1, to clarify inspection compliance times, and removes Note 1. This 
revised [EASA] AD also grants credit for actions accomplished using 
previous revisions of the applicable SB.

    For the Model A300-600 airplanes (Model A300 B4-600 series 
airplanes; Model A300 B4-600R series airplanes; Model A300 C4-605R 
Variant F airplanes; and Model A300 F4-605R airplanes) that are pre-
modification 10430, the initial compliance time is before 7,700 total 
flight cycles. For the Model A300-600 airplanes that are post-
modification 10430, the initial compliance time is before 21,100 total 
flight cycles. For Model A300 series airplanes, the initial compliance 
time is between 10,500 total flight cycles and 14,000 total flight 
cycles, depending on configuration.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2002-07-05, this proposed AD would retain certain 
requirements of AD 2002-07-05. Those requirements are referenced in 
EASA AD 2019-0011R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Explanation of Change to Terminating Action

    Paragraph (e) of AD 2002-07-05 states that accomplishment of the 
modification specified in Airbus Service Bulletin A300-57-6053, 
Revision 1, dated October 31, 1995; or Revision 02, dated June 2, 1999; 
or Airbus Service Bulletin A300-53-0297, Revision 2, dated October 31, 
1995; terminates the requirements of AD 2002-07-05. However, EASA AD 
2019-0011R1 does not include terminating action. Therefore, this 
proposed AD would not include that terminating action.

Explanation of Change to Credit Service Information

    Note 2 of AD 2002-07-05 provides credit for actions accomplished 
using Airbus Service Bulletin A300-53-6048, dated January 16, 1996. 
However, EASA AD 2019-0011R1 does not include credit for Airbus Service 
Bulletin A300-53-6048, dated January 16, 1996. Therefore, this proposed 
AD would not include that credit.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0011R1 describes procedures for modifying the profile 
of the FR40 aft fittings for certain airplanes, repetitive HFEC 
inspections for cracking of certain fittings, corrective actions for 
any cracking found, and reporting inspections findings. This material 
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, and it is publicly available through the EASA 
website.

FAA's Determination and Requirements of This Proposed AD

    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 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 the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0011R1 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD. This proposed AD also would require sending 
the inspection results to Airbus SAS.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2019-0011R1 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0011R1, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2019-0011R1 that is required 
for compliance with EASA AD 2019-0011R1 will be available on the 
internet http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0319 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 66 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 20302]]



                                                         Estimated Costs for Required Actions *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                            Labor cost              Parts cost           Cost per  product             Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2002-07-05...  Up to 102 work-hours x $85 per            $874  Up to $9,544...................  Up to $629,904.
                                         hour = $8,670.
New proposed actions..................  Up to 37 work[dash]hours x $85           2,550  Up to $5,695...................  Up to $375,870.
                                         per hour = $3,145.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    We estimate that it would take about 1 work-hour per product to 
comply with the proposed reporting requirement in this proposed AD. The 
average labor rate is $85 per hour. Based on these figures, we estimate 
the cost of reporting the inspection results on U.S. operators to be 
$5,610, or $85 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition action specified in this proposed 
AD.

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 NPRM is 2120-
0056. The paperwork cost associated with this NPRM 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 NPRM 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.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

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 removing Airworthiness Directive (AD) 
2002-07-05, Amendment 39-12699 (67 FR 16983, April 9, 2002), and adding 
the following new AD:

Airbus SAS: Docket No. FAA-2019-0319; Product Identifier 2019-NM-
005-AD.

(a) Comments Due Date

    We must receive comments by June 24, 2019.

(b) Affected ADs

    This AD replaces 2002-07-05, Amendment 39-12699 (67 FR 16983, 
April 9, 2002) (``AD 2002-07-05'').

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in 
paragraphs (c)(1) through (c)(5) of this AD, certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2019-0011R1, dated February 22, 2019 (``EASA AD 2019-00R1'').
    (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 C4-605R Variant F airplanes.
    (5) Model A300 F4-605R airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of cracked frame (FR) 40 aft 
fittings at stringer 33 on the left and right sides of the fuselage, 
and a determination that the existing inspection compliance times 
were not sufficient to address the unsafe condition and needed to be 
reduced. We are issuing this AD to address propagation of cracks on 
the FR40 aft fittings due to local stress concentrations at the 
upper flange runout of FR40, which could result in reduced 
structural integrity of the airplane.

[[Page 20303]]

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2019-0011R1.

(h) Exceptions to EASA AD 2019-0011R1

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0011R1 refers to its effective date, 
or February 6, 2019 (the effective date of EASA AD 2019-0011, dated 
January 23, 2019) this AD requires using the effective date of this 
AD.
    (2) The ``Remarks'' section of EASA AD 2019-0011R1 does not 
apply to this AD.
    (3) Paragraphs (7) and (8) of EASA AD 2018-0011R1 specify to 
report inspection results to Airbus within a certain compliance 
time. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(3)(i) or (h)(3)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2002-07-05 are approved as 
AMOCs for the corresponding provisions of EASA AD 2019-0011R1 that 
are required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2019-0011R1 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.
    (4) Paperwork Reduction Act Burden Statement: 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 1 
hour 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.

(j) Related Information

    (1) For information about EASA AD 2019-0011R1, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. EASA AD 2019-0011R1 may be found in the AD docket on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0319.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225.

    Issued in Des Moines, Washington, on May 1, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-09441 Filed 5-8-19; 8:45 am]
BILLING CODE 4910-13-P