[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 35016-35018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12225]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0464; Product Identifier 2020-NM-040-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-18-17, which applies to all Airbus SAS Model A300 B4-603, A300 B4-
620, A300 B4-622, A300 B4-605R, A300 B4-622R, A300 F4-605R, A300 F4-
622R, and A300 C4-605R Variant F airplanes. AD 2017-18-17 requires 
modifying certain fuselage frames and a repair on certain modified 
airplanes. Since AD 2017-18-17 was issued, the FAA has determined that, 
for certain airplanes, a rotating probe inspection must be performed 
prior to oversizing of the open-holes, and consequently more work is 
necessary for airplanes that have previously been modified. This 
proposed AD would continue to require the actions in AD 2017-18-17. 
This proposed AD would also require, for certain airplanes, an 
inspection to determine if rotating probe inspections were performed 
prior to oversizing of the open-holes, and repair if necessary, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
will be incorporated by reference. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 23, 
2020.

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 https://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 material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; phone: +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, Airworthiness Products Section, 
Operational Safety 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0464.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0464; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3225; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2020-0464; 
Product Identifier 2020-NM-040-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2017-18-17, Amendment 39-19026 (82 FR 43160, 
September 14, 2017) (``AD 2017-18-17''), which applies to all Airbus 
SAS Model A300 B4-603, A300 B4-620, A300 B4-622, A300 B4-605R, A300 B4-
622R, A300 F4-605R, A300 F4-622R, and A300 C4-605R Variant F airplanes. 
AD 2017-18-17 requires modifying certain fuselage frames and a repair 
on certain modified airplanes. The FAA issued AD 2017-18-17 to address 
cracking of the center section of the fuselage, which could result in a 
ruptured frame foot and reduced structural integrity of the airplane.

Actions Since AD 2017-18-17 Was Issued

    Since AD 2017-18-17 was issued, the FAA has determined that, for 
certain airplanes, a rotating probe inspection must be performed prior 
to oversizing of the open-holes, and consequently more work is 
necessary for airplanes that have previously been modified.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0051, dated March 11, 2020 
(``EASA AD 2020-0051'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A300 B4-603, A300 B4-620, A300 B4-
622, A300 B4-605R, A300 B4-622R, A300 F4-605R, A300 F4-622R, A300C4-
620, and A300 C4-605R Variant F airplanes. EASA AD 2020-0051 supersedes 
EASA AD 2016-0249, dated December 14, 2016; corrected January 10, 2017 
(which corresponds to FAA AD 2017-18-17). Model A300C4-620 airplanes 
are not certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
airplanes in the applicability.
    This proposed AD was prompted by a report indicating that the 
material used to manufacture the upper frame feet was changed and 
negatively affected the fatigue life of the frame feet, and a 
determination that more work is required for certain airplanes that 
were previously modified. The FAA is proposing this AD to address 
cracking of

[[Page 35017]]

the center section of the fuselage, which could result in a ruptured 
frame foot and reduced structural integrity of the airplane. See the 
MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2017-18-17, this proposed AD would retain all of the 
requirements of AD 2017-18-17. Those requirements are referenced in 
EASA AD 2020-0051, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0051 describes procedures for modifying certain 
fuselage frames; a repair on certain modified airplanes; and, for 
certain airplanes, an inspection to determine if a rotating probe 
inspection was performed prior to oversizing of the open-holes, 
contacting the manufacturer for post-modification work instructions, 
and 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, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency has 
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 AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0051 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0051 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0051 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2020-0051 that is required for compliance with EASA AD 2020-
0051 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0464 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 65 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Retained actions from AD 2017-18-  Up to 235 work-             $23,000  Up to $42,975......  Up to $2,793,375.
 17.                                hours x $85 per
                                    hour = $19,975.
New proposed actions.............  1 work-hour x $85                 0  $85................  $5,525.
                                    per hour = $85.
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    The FAA has received no definitive data that would enable us to 
provide cost estimates for the on-condition repairs specified in this 
proposed AD.

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.

Regulatory Findings

    The FAA has 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) 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 35018]]

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) 
2017-18-17, Amendment 39-19026 (82 FR 43160, September 14, 2017), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0464; Product Identifier 2020-NM-
040-AD.

(a) Comments Due Date

    The FAA must receive comments by July 23, 2020.

(b) Affected ADs

    This AD replaces AD 2017-18-17, Amendment 39-19026 (82 FR 43160, 
September 14, 2017) (``AD 2017-18-17'').

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by a report indicating that the material 
used to manufacture the upper frame feet was changed and negatively 
affected the fatigue life of the frame feet, and a determination 
that more work is required for certain airplanes that were 
previously modified. The FAA is issuing this AD to address cracking 
of the center section of the fuselage, which could result in a 
ruptured frame foot and reduced structural integrity 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, European Union Aviation Safety Agency (EASA) AD 
2020-0051, dated March 11, 2020 (``EASA AD 2020-0051'').

(h) Exceptions to EASA AD 2020-0051

    (1) Where EASA AD 2020-0051 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0051 does not apply 
to this AD.
    (3) For airplanes on which the modification specified in Airbus 
Service Bulletin A300-53-6178 has been done: Where paragraph (4) of 
EASA AD 2020-0051 specifies to do certain actions ``no later than 6 
months (estimated by projection of airplane usage) prior to 
exceeding 24,500 flight cycles or 42,700 flight hours, whichever 
occurs first, after Airbus Service Bulletin A300-53-6178 embodiment 
(at any revision),'' this AD requires doing those actions prior to 
exceeding 24,100 total flight cycles or 42,000 total flight hours, 
whichever occurs first after doing the modification.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch, 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, Large Aircraft 
Section, International Validation 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 2020-0051 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.

(j) Related Information

    (1) For information about EASA AD 2020-0051, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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 material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0464.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3225; email: [email protected].

    Issued on June 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-12225 Filed 6-5-20; 8:45 am]
 BILLING CODE 4910-13-P