[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Rules and Regulations]
[Pages 56935-56937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0501; Product Identifier 2019-NM-077-AD; Amendment 
39-19767; AD 2019-21-01]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS 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). This AD was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary. 
This AD requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 29, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 29, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile 
Dewoitine No: 2, 31700 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 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 on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0501.

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-
0501; 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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: 

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0090, dated April 26, 2019 (``EASA AD 2019-0090'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model 
A300-600 series airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS 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 NPRM published in the Federal Register on July 1, 2019 
(84 FR 31252). The NPRM was prompted by a determination that new or 
more restrictive airworthiness limitations are necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations.
    The FAA is issuing this AD to address fatigue cracking, damage, and 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane. See the MCAI for 
additional background information.

[[Page 56936]]

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    FedEx had no objection to the NPRM.

Request To Allow the Use of Later Approved Service Information

    United Parcel Service (UPS) requested that paragraph (g) of the 
proposed AD be revised to allow the use of later approved variations or 
revisions to Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT-ALI),'' 
Revision 03, dated December 14, 2018. The commenter stated that the 
approval of later approved program variations and revisions would 
maintain the level of safety through expedient inclusion of the latest 
changes to address fatigue cracking, damage, and corrosion in principle 
structural elements.
    The commenter noted that in the FAA's ongoing efforts to improve 
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 the requirements of corresponding FAA 
ADs. The commenter explained that EASA ADs include the approval of the 
use of later approved service information for compliance with the 
applicable requirements. The commenter noted that EASA AD 2019-0090, 
which corresponds to the proposed FAA AD, includes this approval so 
operators can use later approved variations or revisions of Airbus 
A300-600 Airworthiness Limitations Section (ALS), Part 2, ``Damage 
Tolerant Airworthiness Limitation Items (DT-ALI),'' Revision 03, dated 
December 14, 2018.
    The FAA agrees with the commenter's observation regarding the FAA's 
new ``IBR the MCAI'' process, which uses EASA ADs as the primary source 
of information for compliance with corresponding FAA ADs. However, the 
FAA currently only uses the new ``IBR the MCAI'' process with certain 
MCAI ADs (primarily those with service bulletins as the primary source 
of information). When the Airbus A300-600 Airworthiness Limitations 
Section is revised, and EASA issues an AD, the FAA will consider 
drafting the corresponding FAA AD as an ``IBR the MCAI'' AD. Thus, all 
provisions specified in the EASA AD would apply to the corresponding 
FAA AD.
    Based on the information above, the FAA disagrees with the 
commenter's request to revise paragraph (g) of this AD to include text 
that would allow operators to use later approved variations or 
revisions of Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT-ALI),'' 
Revision 03, dated December 14, 2018, for compliance with the 
requirements of this AD. The FAA cannot refer to any document that does 
not yet exist in an AD. To allow operators to use later revisions of 
the referenced document (issued after AD publication), the most 
expeditious approach would be for operators to request approval to use 
later revisions as an alternative method of compliance with this AD, 
under the provisions of paragraph (j)(1) of this AD. The alternative 
would be for the FAA to revise the AD to reference specific later 
revisions, which would take longer and consume more resources. The FAA 
has not revised this AD regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT-ALI),'' 
Revision 03, dated December 14, 2018. This service information 
describes airworthiness limitations for certification maintenance 
requirements applicable to the DT-ALI. 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.

Costs of Compliance

    The FAA estimates that this AD affects 128 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA determined that revising the existing maintenance or 
inspection program takes an average of 90 workhours per operator, 
although we recognize that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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 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

    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,

[[Page 56937]]

    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

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):

2019-21-01 Airbus SAS: Amendment 39-19767; Docket No. FAA-2019-0501; 
Product Identifier 2019-NM-077-AD.

(a) Effective Date

    This AD is effective November 29, 2019.

(b) Affected ADs

    This AD affects AD 2018-01-07, Amendment 39-19148 (83 FR 2042, 
January 16, 2018) (``AD 2018-01-07''); and AD 2018-19-33, Amendment 
39-19434 (83 FR 48932, September 28, 2018) (``AD 2018-19-33'').

(c) Applicability

    This AD applies to Airbus SAS Model A300 B4-601, B4-603, B4-620, 
B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F 
airplanes, certificated in any category, all manufacturer serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, and corrosion 
in principal structural elements, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus A300-600 
Airworthiness Limitations Section (ALS), Part 2, ``Damage Tolerant 
Airworthiness Limitation Items (DT-ALI),'' Revision 03, dated 
December 14, 2018. The initial compliance time for doing the tasks 
is at the time specified in Airbus A300-600 Airworthiness 
Limitations Section (ALS), Part 2, ``Damage Tolerant Airworthiness 
Limitation Items (DT-ALI),'' Revision 03, dated December 14, 2018, 
or within 90 days after the effective date of this AD, whichever 
occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2018-01-07 and AD 2018-19-33

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2018-01-07 and AD 2018-19-33.

(j) 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 (k)(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 2018-19-33 are approved as 
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Union 
Aviation Safety Agency (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): Except as required by 
paragraph (j)(2) of this AD: If any service information contains 
procedures or tests that are identified as RC, those 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0090, dated April 26, 2019, 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-2019-0501.
    (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.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A300-600 Airworthiness Limitations Section (ALS), 
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT-ALI),'' 
Revision 03, dated December 14, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email [email protected]; internet 
http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-23221 Filed 10-23-19; 8:45 am]
 BILLING CODE 4910-13-P