[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Proposed Rules]
[Pages 26781-26785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11896]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0402; Product Identifier 2019-NM-008-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2005-17-
14, which applies to all Airbus SAS Model A300 series airplanes; Model 
A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-

[[Page 26782]]

605R Variant F airplanes (collectively called Model A300-600 series 
airplanes); and Model A310 series airplanes. AD 2005-17-14 requires 
repetitive tests to detect desynchronization of the rudder servo 
actuators, and adjustment or replacement of the spring rods of the 
rudder servo actuators, if necessary. AD 2005-17-14 also requires 
repetitive tests/inspections/analyses of the rudder servo actuators, 
and related investigative/corrective actions if necessary. Since we 
issued AD 2005-17-14, analyses of the inspection results indicated that 
the assumptions made to establish the survey campaign were not 
adequate, and a new investigation determined the existing inspection 
procedures and compliance times do not adequately address the unsafe 
condition. This proposed AD would retain some requirements of AD 2005-
17-14 and revise the inspection procedures and compliance times, 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 July 25, 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 the 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-
0402; 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 listed above. 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-2019-0402; 
Product Identifier 2019-NM-008-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 2005-17-14, Amendment 39-14235 (70 FR 50157, August 
26, 2005) (``AD 2005-17-14''), for all Airbus SAS Model A300 series 
airplanes, Model A300-600 series airplanes, and Model A310 series 
airplanes. AD 2005-17-14 requires repetitive tests to detect 
desynchronization of the rudder servo actuators, and adjustment or 
replacement of the spring rods of the rudder servo actuators, if 
necessary; and repetitive tests, inspections, and analyses of the 
rudder servo actuators, and related investigative and corrective 
actions if necessary. AD 2005-17-14 resulted from new reports of 
desynchronization of the rudder servo actuators. We issued AD 2005-17-
14 to address desynchronization of one of the three rudder servo 
actuators, which, if combined with an engine failure, could result in 
the loss of the related hydraulic system and could cause the loss of 
one of the two synchronized actuators. This condition could create 
additional fatigue loading and possible cracking of the attachment 
fittings and could result in the inability of the remaining 
synchronized actuator to maintain the commanded rudder deflection, 
leading to reduced controllability of the airplane.

Actions Since AD 2005-17-14 Was Issued

    Since we issued AD 2005-17-14, EASA reported that analyses of the 
inspection results indicate that the assumptions made in 2004 to 
establish the survey campaign were not adequate. This determination led 
to investigation and revision of the service information with revised 
inspection instructions and compliance times, depending on airplane 
configuration.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0017, dated January 29, 2019 
(``EASA AD 2019-0017'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A300 series airplanes, Model A300-
600 series airplanes, and Model A310 series airplanes. The MCAI states:

    Numerous occurrences were reported of rudder servo control de-
synchronization, some of which had caused structural damages to the 
fin or side fittings of the rudder actuator attachments. Analyses 
revealed that a de-synchronization of the rudder servo control 
induced by misalignment of the three servo controls, or by thermal 
expansion, can provoke opposing loads.
    This condition, if not detected and corrected, could induce 
failure of rudder-associated systems, possibly resulting in reduced 
control of the aeroplane.
    Previously, DGAC [Direction G[eacute]n[eacute]rale de l'Aviation 
Civile] France issued AD F-2004-063 for A300-600ST aeroplanes, and 
AD F-2004-092 (EASA approval 2004-6368) [which corresponds to FAA AD 
2005-17-14] for A300, A310 and A300-600 aeroplanes, to require 
repetitive inspections of rudder servo controls, fin box and rudder 
structures, and, depending on findings, accomplishment of applicable 
corrective action(s).
    Since those ADs were issued, analyses of the inspection results 
indicate that the assumptions made in 2004 to establish the survey 
campaign were not adequate. This determination induced new 
investigation and ATA 55 SBs [service bulletins] revision with new 
inspection instructions and new

[[Page 26783]]

compliance times, depending on aeroplane configuration.
    For the reason described above, this [EASA] AD retains partially 
the requirements of DGAC France AD F-2004-063 and AD F-2004-092 
(EASA approval 2004-6368), which are superseded, and requires the 
new inspections (latest SB revision) at new intervals.

    The new repetitive intervals for the inspections specified in 
paragraph (2) of EASA AD 2019-0017 range from 300 flight cycles to 
6,000 flight cycles, depending on inspection type.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2005-17-14, this proposed AD would retain certain 
requirements of AD 2005-17-14. Those requirements are referenced in 
EASA AD 2019-0017, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0017 describes procedures for repetitive inspections 
of the rudder servo actuators and related investigative/corrective 
actions. Related investigative actions include repetitive inspections 
of fin box and rudder servo controls. Corrective actions include 
repair. 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.

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 2019-0017 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD and except as discussed under ``Differences 
Between this Proposed AD and the MCAI.''

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 2019-0017 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0017, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2019-0017 that is required for 
compliance with EASA AD 2019-0017 will be available on the internet 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0402 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    Where paragraph (4) of EASA AD 2019-0017 refers to ``during any 
inspection as required by paragraph (2) of this AD,'' this proposed AD 
would require using ``during any inspection as required by paragraph 
(2) or (3) of this AD.'' EASA AD 2019-0017 did not specify a corrective 
action for the inspections required by paragraph (3) of EASA AD 2019-
0017.

Costs of Compliance

    We estimate that this proposed AD affects 133 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                     Estimated Costs for Required Actions *
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2005-17-14...  1 work-hour x $85 per                 $0             $85         $11,305
                                         hour = $85.
New proposed actions..................  2 work-hours x $85 per                 0             170          22,610
                                         hour = $85.
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* 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 
$11,305, or $85 per product.
    We estimate the following costs to do any necessary on-condition 
inspections that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
34 work-hours x $85 per hour = $2,890.              $0           $2,890
------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repair 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

[[Page 26784]]

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) 
2005-17-14, Amendment 39-14235 (70 FR 50157, August 26, 2005), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0402; Product Identifier 2019-NM-
008-AD.

(a) Comments Due Date

    We must receive comments by July 25, 2019.

(b) Affected ADs

    This AD replaces AD 2005-17-14, Amendment 39-14235 (70 FR 50157, 
August 26, 2005) (``AD 2005-17-14'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes, certificated in any 
category, specified in paragraphs (c)(1) through (c)(3) of this AD, 
as identified in European Aviation Safety Agency (EASA) AD 2019-
0017, dated January 29, 2019 (``EASA AD 2019-0017'').
    (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, B4-622, B4-605R, B4-622R, 
F4-605R and F4-622R airplanes, and Model A300 C4-605R Variant F 
airplanes.
    (3) Model A310-203, -204, -221, -222, -304, -322, -324, and -325 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls; 55, Stabilizers.

(e) Reason

    This AD was prompted by reports of desynchronization of the 
rudder servo actuators. We are issuing this AD to address 
desynchronization of one of the three rudder servo actuators, which, 
if combined with an engine failure, could result in the loss of the 
related hydraulic system and could cause the loss of one of the two 
synchronized actuators. This condition could create additional 
fatigue loading and possible cracking of the attachment fittings and 
could result in the inability of the remaining synchronized actuator 
to maintain the commanded rudder deflection, leading to reduced 
controllability of the airplane.

(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 2019-0017.

(h) Exceptions to EASA AD 2019-0017

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0017 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) For purposes of determining compliance with the requirements 
of this AD: Where paragraph (1) of EASA AD 2019-0017 specifies 
``after the last inspection as previously required by DGAC France AD 
F-2004-092,'' this AD requires using ``after the most recent 
inspection done as specified in Airbus Service Bulletin A300-27-
0188, Revision 2, dated October 1, 1997; A300-27-6036, Revision 2, 
dated October 1, 1997; A300-55-0044, dated October 22, 1996; A300-
55-6023, dated October 22, 1996; A310-27-2082, Revision 2, dated 
October 1, 1997; or A310-55-2026, dated October 22, 1996.''
    (3) For purposes of determining compliance with the requirements 
of this AD: Where paragraph (1) of EASA AD 2019-0017 refers to ``the 
03 July 2004,'' this AD requires using ``September 30, 2005'' (the 
effective date of AD 2005-17-14).
    (4) For purposes of determining compliance with the requirements 
of this AD: Where paragraph (4) of EASA AD 2019-0017 refers to 
``during any inspection as required by paragraph (2) of this AD,'' 
this AD requires using ``during any inspection as required by 
paragraph (2) or (3) of this AD.''
    (5) Where any service information referenced in EASA AD 2019-
0017 specifies reporting, this AD requires reporting all inspection 
results at the applicable time specified in paragraph (h)(5)(i) or 
(h)(5)(ii) of this AD. If operators have reported findings as part 
of obtaining any corrective actions approved by Airbus SAS's EASA 
Design Organization Approval (DOA), operators are not required to 
report those findings as specified in this paragraph.
    (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.

[[Page 26785]]

    (6) The ``Remarks'' section of EASA AD 2019-0017 does not apply 
to 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]. 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 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 2019-0017 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 2019-0017, contact the 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 2019-0017 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0402.
    (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 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-11896 Filed 6-7-19; 8:45 am]
 BILLING CODE 4910-13-P