[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Rules and Regulations]
[Pages 71238-71240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24641]


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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; Amendment 
39-21307; AD 2020-22-11]
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 superseding Airworthiness Directive (AD) 2017-18-
17, which applied 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 required modifying 
certain fuselage frames and a repair on certain modified airplanes. 
This AD continues to require the actions in AD 2017-18-17, and also 
requires, 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 is incorporated by reference. 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 the unsafe condition on these 
products.

DATES: This AD is effective December 14, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 14, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; 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 final rule, 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, 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:

Discussion

    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, A300 C4-
620, and A300 C4-605R Variant F airplanes. Model A300 C4-620 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-18-17, Amendment 39-19026 (82 FR 
43160, September 14, 2017) (``AD 2017-18-17''). AD 2017-18-17 applied 
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. The NPRM published in the Federal Register on June 
8, 2020 (85 FR 35016). The NPRM 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

[[Page 71239]]

required for certain airplanes that were previously modified. The NPRM 
proposed to continue to require the actions in AD 2017-18-17, as 
specified in an EASA AD. The NPRM also proposed to 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 an EASA AD.
    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. See the MCAI for 
additional background information.

Comments

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

Request for Credit for Using Previous Service Information

    FedEx requested that the FAA provide credit for accomplishing the 
required actions using Airbus SAS Service Bulletin A300-53-6178, dated 
March 17, 2015, provided the appropriate rotating probe inspection is 
performed before oversizing the open holes. FedEx stated that its fleet 
is already in compliance with the required actions but used Airbus 
Service Bulletin A300-53-6178, dated March 17, 2015, not the current 
revision Airbus Service Bulletin A300-53-6178, Revision 01, dated 
September 20, 2019.
    The FAA disagrees with the request. This AD incorporated by 
reference EASA AD 2020-0051 as the appropriate material to use to 
comply with this AD. Paragraph (3) of EASA AD 2020-0051 specifies that, 
for airplanes on which the modification specified in Airbus Service 
Bulletin A300-53-6178, dated March 17, 2015, was accomplished, 
additional work must be done. That additional work consists of 
determining whether or not a rotating probe inspection was performed 
before oversizing of the open-holes and, depending on findings, 
additional corrective actions. Therefore, the credit the commenter 
requested is already included in the requirements of this AD. The FAA 
has not revised this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has 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 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.

Costs of Compliance

    The FAA estimates that this AD affects 65 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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- Up to 235 work-hours                   $23,000  Up to $42,975...  Up to
 18-17.                         x $85 per hour = Up                                               $2,793,375.
                                to $19,975.
New actions..................  1 work-hour x $85 per                        0  $85.............  $5,525
                                hour = $85.
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    The FAA has received no definitive data that would enable providing 
cost estimates for the on-condition repairs specified in this 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

    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,
    (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:
0
a. Removing Airworthiness Directive (AD) 2017-18-17, Amendment 39-

[[Page 71240]]

19026 (82 FR 43160, September 14, 2017), and
0
b. Adding the following new AD:

2020-22-11 Airbus SAS: Amendment 39-21307; Docket No. FAA-2020-0464; 
Product Identifier 2020-NM-040-AD.

(a) Effective Date

    This AD is effective December 14, 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) 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

    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].

(k) 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) European Union Aviation Safety Agency (EASA) AD 2020-0051, 
dated March 11, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0051, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; internet: www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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.
    (5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24641 Filed 11-6-20; 8:45 am]
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