81 FR 44241 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 130 (July 7, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 130 (July 7, 2016)
| Page Range | 44241-44244 | |
| FR Document | 2016-15928 |
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)] [Proposed Rules] [Pages 44241-44244] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15928] [[Page 44241]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0143; Directorate Identifier 2012-NM-113-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We are revising an earlier proposed airworthiness directive (AD) for all Airbus Model A300 B4-603, B4-620, B4-622, B4-605R, B4- 622R, F4-605R, F4-622R, and C4-605R variant F airplanes. The NPRM proposed to require repetitive detailed inspections of the lower frame fittings, related investigative actions, and corrective actions if necessary. The NPRM was prompted by reports of cracks in the frame base fittings connecting the frame lower positions to the center wing box. This action revises the NPRM by replacing the proposed requirements with new repetitive detailed inspections for cracking of the lower frame fittings of the frame foot, and replacement with a new frame foot if cracking is found. This action also provides optional terminating action for the repetitive inspections. We are proposing this supplemental NPRM (SNPRM) to detect and correct cracking of the lower frame fittings, which could result in reduced structural integrity of the airplane. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: We must receive comments on this SNPRM by August 22, 2016. 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 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 referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. 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-2014- 0143; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (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 Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0143; Directorate Identifier 2012-NM-113-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD 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 proposed AD. Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A300 B4- 603, B4-620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R variant F airplanes. The NPRM published in the Federal Register on March 19, 2014 (79 FR 15266) (``the NPRM''). The NPRM was prompted by reports of cracks in the frame base fittings connecting the frame lower positions to the center wing box. The NPRM proposed to require repetitive detailed inspections of the lower frame fittings, related investigative actions, and corrective actions if necessary. Actions Since NPRM Was Issued Since we issued the NPRM, we have determined that repairs to address cracking in the frame foot area found during accomplishment of the detailed inspection of the lower frame fittings specified in Airbus Service Bulletin A300-53-6111, Revision 05, including Appendix 01, dated January 28, 2013, are not adequate to prevent further cracking. The European Aviation Safety Agency, which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0217, dated October 30, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition on all Airbus Model A300 B4-603, B4-620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R variant F airplanes. The MCAI states: During accomplishment of Airbus Service Bulletin (SB) A300-53- 6111 (EASA AD 2012-0103), addressing detailed visual inspections of the lower frame fittings between Frame (FR) 41 and FR46, a crack was detected on one A300-600 aeroplane in the area 2 of the foot of FR46 at junction radius level. This frame, previously repaired due to a crack finding in the frame foot area 1, was not due to be inspected before reaching the post-repair inspection threshold, i.e. 45,400 flight cycles since repair embodiment. Further investigation determined that the repairs specified in Airbus SB A300-53-6111 were of limited effect to prevent cracking in the frame foot area 2. This condition, if not detected and corrected, could affect the structural integrity of the fuselage of all aeroplanes operated up to the extended service goal (ESG). As a temporary action and until an improvement of the existing repairs was made available, EASA issued AD 2012-0229 [AD * * *] to require a one-time detailed inspection (DET) of the frame feet that were repaired in accordance with Airbus SB [[Page 44242]] A300-53-6111, and the reporting of findings to Airbus. Since that [EASA] AD was issued, a detailed study was performed resulting in the development of a new inspection programme. Consequently, Airbus cancelled SB A300-53-6111 and replaced it with SB A300-53-6177, introducing repetitive DET of the lower frame fittings between FR41 and FR46 for the entire fleet. In addition to this new inspection programme, Airbus designed a new frame foot which can be installed on aeroplanes through Airbus SB A300-53-6176. For the reasons described above, this [EASA] AD supersedes EASA AD 2012-0103, not retaining its requirements, and instead requires the new inspection programme for the lower frame fittings. This [EASA] AD also introduces an optional terminating action for the repetitive inspections required by the [EASA] AD. Corrective actions include replacing any cracked lower frame fittings with a new frame foot. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating FAA-2014-0143. Related Service Information Under 1 CFR Part 51 Airbus has issued Service Bulletin A300-53-6177, dated May 20, 2015. The service information describes procedures for repetitive detailed inspections for cracking of the lower frame fittings between FR41 and FR46. Airbus has also issued Service Bulletin A300-53-6176, dated May 20, 2015. The service information describes procedures for replacing all lower frame feet between frame FR41 and FR46 with new, improved frame feet. 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. Comments We gave the public the opportunity to participate in developing this proposed AD. We considered the comments received. Request To Revise Method Used To Determine Compliance Times United Parcel Service (UPS) requested that the compliance times in the proposed AD (in the NPRM) be revised to be less complex. UPS stated that the proposed compliance times contain a method known as ``Average Flight Time'' (AFT) which results in a variable flight hour limit and adds an unnecessary complexity to the threshold table and subsequent inspection actions. UPS added that use of the AFT method, along with a lack of standard procedures for implementing the AFT method would create uncertainty for operators and inspectors trying to determine the correct compliance time. UPS stated that a defined threshold and repetitive inspection interval would adequately provide for timely detection of possible damage. We disagree with the commenter's request to revise the compliance times in this proposed AD. The compliance times in this proposed AD correspond with those in the MCAI AD, which refers to Airbus Service Bulletin A300-53-6177, dated May 20, 2015. In Airbus Service Bulletin A300-53-6177, dated May 20, 2015, the inspection thresholds and intervals are based on the accumulation of both flight cycles and flight hours, and are listed in tables appropriately grouping airplanes with average flight time utilization above 1.5 hours, and airplanes with average flight time utilization at or below 1.5 hours. We have determined these compliance times acceptable for this proposed AD. However, we do acknowledge that a fixed compliance time for a fleet could be easier for operators to schedule and record compliance. Therefore, under the provisions of paragraph (j)(1) of this proposed AD, we will consider requests for approval of an alternative method of compliance (AMOC) if a proposal is submitted that is supported by technical data that includes fatigue and damage tolerance analysis. We have not changed this proposed AD in this regard. Request To Remove Reporting Requirement FedEx objected to the reporting requirement in the proposed AD (in the NPRM). We infer that FedEx wants the reporting requirement removed. We disagree that the reporting requirement should be removed from this proposed AD. We have determined that reporting the inspection findings will enable the manufacturer to obtain better insight into the extent of the cracking. We have made no change to this proposed AD in this regard. Request To Remove Requirement To Refer to This AD in Repair Approvals UPS requested that we revise the proposed AD (in the NPRM) to remove the requirement to include the AD reference in repair approvals. UPS noted its concerns that the NPRM will increase requests for approval of alternative methods of compliance (AMOCs) and result in delays to other services and actions addressed by the FAA on a daily basis. We agree with the commenter's request to remove from this proposed AD the requirement that repair approvals must specifically refer to this AD. Since late 2006, we have included a standard paragraph titled ``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD based on a foreign authority's AD. The MCAI or referenced service information in an FAA AD often directs the owner/operator to contact the manufacturer for corrective actions, such as a repair. Briefly, the Airworthy Product paragraph allowed owners/operators to use corrective actions provided by the manufacturer if those actions were FAA- approved. In addition, the paragraph stated that any actions approved by the State of Design Authority (or its delegated agent) are considered to be FAA-approved. In the proposed AD (in the NPRM) we proposed to prevent the use of repairs that were not specifically developed to correct the unsafe condition, by requiring that the repair approval provided by the State of Design Authority or its delegated agent specifically refer to this FAA AD. This change was intended to clarify the method of compliance and to provide operators with better visibility of repairs that are specifically developed and approved to correct the unsafe condition. In addition, we proposed to change the phrase ``its delegated agent'' to include ``the Design Approval Holder (DAH) with a State of Design Authority's design organization approval (DOA)'' to refer to a DAH authorized to approve required repairs for the AD. In its comments to the proposed AD (in the NPRM), UPS stated the following: ``The proposed wording, being specific to repairs, eliminates the interpretation that Airbus messages or other approved EASA documents are acceptable for approving minor deviations (corrective actions) needed during accomplishment of a[n AD] mandated Airbus service bulletin.'' This comment has made the FAA aware that some operators have misunderstood or misinterpreted the Airworthy Product paragraph to allow the owner/operator to use messages provided by the manufacturer as approval of deviations during the accomplishment of an AD-mandated action. The Airworthy Product paragraph does not approve messages or other information provided by the manufacturer for deviations to the requirements of the AD-mandated actions. The Airworthy Product paragraph only addresses the requirement to contact the manufacturer for corrective actions for the identified unsafe condition and does not cover deviations from other AD requirements. [[Page 44243]] However, deviations to AD-required actions are addressed in 14 CFR 39.17, and anyone may request the approval for an AMOC to the AD- required actions using the procedures found in 14 CFR 39.19. To address this misunderstanding and misinterpretation of the Airworthy Product paragraph, we have changed that paragraph and retitled it ``Contacting the Manufacturer.'' This paragraph now clarifies that for any requirement in this AD to obtain corrective actions from a manufacturer, the actions must be accomplished using a method approved by the FAA, EASA, or Airbus's EASA DOA. The ``Contacting the Manufacturer'' paragraph also clarifies that, if approved by the DOA, the approval must include the DOA-authorized signature. The DOA signature indicates that the data and information contained in the document are EASA-approved, which is also FAA- approved. Messages and other information provided by the manufacturer that do not contain the DOA-authorized signature approval are not EASA- approved, unless EASA directly approves the manufacturer's message or other information. This clarification does not remove flexibility afforded previously by the Airworthy Product paragraph. Consistent with long-standing FAA policy, such flexibility was never intended for required actions. This is also consistent with the recommendation of the AD Implementation Aviation Rulemaking Committee to increase flexibility in complying with ADs by identifying those actions in manufacturers' service instructions that are ``Required for Compliance'' with ADs. We continue to work with manufacturers to implement this recommendation. But once we determine that an action is required, any deviation from the requirement must be approved as an AMOC. FAA's Determination and Requirements of This SNPRM 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 and service information 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 these same type designs. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Costs of Compliance We estimate that this SNPRM affects 123 airplanes of U.S. registry. We estimate that it would take about 541 work-hours per product to comply with the basic requirements of this SNPRM, and 1 work-hour per product for reporting. The average labor rate is $85 per work-hour. Required parts would cost about $0 per product. Based on these figures, we estimate the cost of this SNPRM on U.S. operators to be $5,666,610, or $46,070 per product. We estimate that the optional terminating modification would take about 529 work-hours and require parts costing $131,500, for a cost of $176,465. 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 proposed AD is 2120-0056. The paperwork cost associated with this proposed AD 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 proposed AD 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. 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 adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2014-0143; Directorate Identifier 2012-NM- 113-AD. (a) Comments Due Date We must receive comments by August 22, 2016. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Model A300 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 serial numbers. [[Page 44244]] (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of cracks in the frame base fittings connecting the frame lower positions to the center wing box. We are issuing this AD to detect and correct cracking of the lower frame fittings, 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) Repetitive Inspections and Replacement If Necessary At the applicable time specified in paragraph 1.E., ``Compliance,'' of Airbus Service Bulletin A300-53-6177, dated May 20, 2015, except where Airbus Service Bulletin A300-53-6177, dated May 20, 2015, specifies a compliance time ``from issuance of Revision 04 of Service Bulletin A300-53-6111,'' this AD requires compliance within the specified compliance time after the effective date of this AD: Perform a detailed inspection for cracking of the lower frame fittings between frame (FR) 41 and FR46 of the frame foot, and if any crack is found, before further flight, replace with a new frame foot, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6177, dated May 20, 2015. Repeat the inspection thereafter at the applicable intervals specified in paragraph 1.E., ``Compliance,'' of Airbus Service Bulletin A300-53- 6177, dated May 20, 2015. (h) Reporting At the applicable time specified in paragraph (h)(1) or (h)(2) of this AD: Submit a report of the findings (both positive and negative) of each inspection required by paragraph (g) of this AD. Send the report to Airbus Service Bulletin Reporting Online Application on Airbus World (https://w3.airbus.com). (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (2) 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) Optional Terminating Action Replacement of all lower frame feet between FR41 and FR46, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6176, dated May 20, 2015, terminates the repetitive inspections required by paragraph (g) of this AD. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057- 3356; telephone 425-227-1405; fax 425-227-2125. 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. The AMOC approval letter must specifically reference 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 Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Reporting Requirements: 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 5 minutes 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. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0217, dated October 30, 2015, 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-2014-0143. (2) For service information identified in this AD, contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 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 referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Issued in Renton, Washington, on June 23, 2016. Dorr M. Anderson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-15928 Filed 7-6-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules 44241
DEPARTMENT OF TRANSPORTATION Washington, DC, between 9 a.m. and 5 Discussion
p.m., Monday through Friday, except
Federal Aviation Administration We issued a notice of proposed
Federal holidays.
rulemaking (NPRM) to amend 14 CFR
For service information identified in part 39 by adding an AD that would
14 CFR Part 39 this proposed AD, contact Airbus SAS, apply to all Airbus Model A300 B4–603,
[Docket No. FAA–2014–0143; Directorate Airworthiness Office—EAW, 1 Rond B4–620, B4–622, B4–605R, B4–622R,
Identifier 2012–NM–113–AD] Point Maurice Bellonte, 31707 Blagnac F4–605R, F4–622R, and C4–605R
RIN 2120–AA64 Cedex, France; telephone +33 5 61 93 36 variant F airplanes. The NPRM
96; fax +33 5 61 93 44 51; email published in the Federal Register on
Airworthiness Directives; Airbus account.airworth-eas@airbus.com; March 19, 2014 (79 FR 15266) (‘‘the
Airplanes Internet http://www.airbus.com. You NPRM’’).
may view this referenced service The NPRM was prompted by reports
AGENCY: Federal Aviation information at the FAA, Transport of cracks in the frame base fittings
Administration (FAA), DOT. Airplane Directorate, 1601 Lind Avenue connecting the frame lower positions to
ACTION: Supplemental notice of SW., Renton, WA. For information on the center wing box. The NPRM
proposed rulemaking (NPRM); the availability of this material at the proposed to require repetitive detailed
reopening of comment period. FAA, call 425–227–1221. inspections of the lower frame fittings,
SUMMARY: We are revising an earlier Examining the AD Docket related investigative actions, and
proposed airworthiness directive (AD) corrective actions if necessary.
for all Airbus Model A300 B4–603, B4– You may examine the AD docket on
Actions Since NPRM Was Issued
620, B4–622, B4–605R, B4–622R, F4– the Internet at http://
605R, F4–622R, and C4–605R variant F www.regulations.gov by searching for Since we issued the NPRM, we have
airplanes. The NPRM proposed to and locating Docket No. FAA–2014– determined that repairs to address
require repetitive detailed inspections of 0143; or in person at the Docket cracking in the frame foot area found
the lower frame fittings, related Management Facility between 9 a.m. during accomplishment of the detailed
investigative actions, and corrective and 5 p.m., Monday through Friday, inspection of the lower frame fittings
actions if necessary. The NPRM was except Federal holidays. The AD docket specified in Airbus Service Bulletin
prompted by reports of cracks in the contains this proposed AD, the A300–53–6111, Revision 05, including
frame base fittings connecting the frame regulatory evaluation, any comments Appendix 01, dated January 28, 2013,
lower positions to the center wing box. received, and other information. The are not adequate to prevent further
This action revises the NPRM by street address for the Docket Office cracking. The European Aviation Safety
replacing the proposed requirements (telephone: 800–647–5527) is in the Agency, which is the Technical Agent
with new repetitive detailed inspections ADDRESSES section. Comments will be for the Member States of the European
for cracking of the lower frame fittings available in the AD docket shortly after Union, has issued EASA Airworthiness
of the frame foot, and replacement with receipt. Directive 2015–0217, dated October 30,
a new frame foot if cracking is found. 2015 (referred to after this as the
FOR FURTHER INFORMATION CONTACT: Dan Mandatory Continuing Airworthiness
This action also provides optional Rodina, Aerospace Engineer,
terminating action for the repetitive Information, or ‘‘the MCAI’’), to correct
International Branch, ANM–116, an unsafe condition on all Airbus Model
inspections. We are proposing this Transport Airplane Directorate, FAA,
supplemental NPRM (SNPRM) to detect A300 B4–603, B4–620, B4–622, B4–
1601 Lind Avenue SW., Renton, WA 605R, B4–622R, F4–605R, F4–622R, and
and correct cracking of the lower frame 98057–3356; telephone 425–227–2125;
fittings, which could result in reduced C4–605R variant F airplanes. The MCAI
fax 425–227–1149. states:
structural integrity of the airplane. Since
these actions impose an additional SUPPLEMENTARY INFORMATION: During accomplishment of Airbus Service
burden over those proposed in the Bulletin (SB) A300–53–6111 (EASA AD
Comments Invited 2012–0103), addressing detailed visual
NPRM, we are reopening the comment
We invite you to send any written inspections of the lower frame fittings
period to allow the public the chance to
between Frame (FR) 41 and FR46, a crack
comment on these proposed changes. relevant data, views, or arguments about was detected on one A300–600 aeroplane in
DATES: We must receive comments on this proposed AD. Send your comments the area 2 of the foot of FR46 at junction
this SNPRM by August 22, 2016. to an address listed under the radius level.
ADDRESSES section. Include ‘‘Docket No. This frame, previously repaired due to a
ADDRESSES: You may send comments,
using the procedures found in 14 CFR FAA–2014–0143; Directorate Identifier crack finding in the frame foot area 1, was
2012–NM–113–AD’’ at the beginning of not due to be inspected before reaching the
11.43 and 11.45, by any of the following post-repair inspection threshold, i.e. 45,400
methods: your comments. We specifically invite
comments on the overall regulatory, flight cycles since repair embodiment.
• Federal eRulemaking Portal: Go to Further investigation determined that the
http://www.regulations.gov. Follow the economic, environmental, and energy
repairs specified in Airbus SB A300–53–6111
instructions for submitting comments. aspects of this proposed AD. We will were of limited effect to prevent cracking in
• Fax: 202–493–2251. consider all comments received by the the frame foot area 2.
• Mail: U.S. Department of closing date and may amend this This condition, if not detected and
Transportation, Docket Operations, M– proposed AD based on those comments. corrected, could affect the structural integrity
Lhorne on DSK30JT082PROD with PROPOSALS
30, West Building Ground Floor, Room We will post all comments we of the fuselage of all aeroplanes operated up
receive, without change, to http:// to the extended service goal (ESG).
W12–140, 1200 New Jersey Avenue SE.,
As a temporary action and until an
Washington, DC 20590. www.regulations.gov, including any improvement of the existing repairs was
• Hand Delivery: U.S. Department of personal information you provide. We made available, EASA issued AD 2012–0229
Transportation, Docket Operations, M– will also post a report summarizing each [AD * * *] to require a one-time detailed
30, West Building Ground Floor, Room substantive verbal contact we receive inspection (DET) of the frame feet that were
W12–140, 1200 New Jersey Avenue SE., about this proposed AD. repaired in accordance with Airbus SB
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A300–53–6111, and the reporting of findings for implementing the AFT method AD the requirement that repair
to Airbus. would create uncertainty for operators approvals must specifically refer to this
Since that [EASA] AD was issued, a and inspectors trying to determine the AD. Since late 2006, we have included
detailed study was performed resulting in the
correct compliance time. UPS stated a standard paragraph titled ‘‘Airworthy
development of a new inspection
programme. that a defined threshold and repetitive Product’’ in all MCAI ADs in which the
Consequently, Airbus cancelled SB A300– inspection interval would adequately FAA develops an AD based on a foreign
53–6111 and replaced it with SB A300–53– provide for timely detection of possible authority’s AD. The MCAI or referenced
6177, introducing repetitive DET of the lower damage. service information in an FAA AD often
frame fittings between FR41 and FR46 for the We disagree with the commenter’s directs the owner/operator to contact
entire fleet. In addition to this new request to revise the compliance times the manufacturer for corrective actions,
inspection programme, Airbus designed a in this proposed AD. The compliance such as a repair. Briefly, the Airworthy
new frame foot which can be installed on times in this proposed AD correspond Product paragraph allowed owners/
aeroplanes through Airbus SB A300–53–
with those in the MCAI AD, which operators to use corrective actions
6176.
For the reasons described above, this refers to Airbus Service Bulletin A300– provided by the manufacturer if those
[EASA] AD supersedes EASA AD 2012–0103, 53–6177, dated May 20, 2015. In Airbus actions were FAA-approved. In
not retaining its requirements, and instead Service Bulletin A300–53–6177, dated addition, the paragraph stated that any
requires the new inspection programme for May 20, 2015, the inspection thresholds actions approved by the State of Design
the lower frame fittings. This [EASA] AD also and intervals are based on the Authority (or its delegated agent) are
introduces an optional terminating action for accumulation of both flight cycles and considered to be FAA-approved.
the repetitive inspections required by the flight hours, and are listed in tables In the proposed AD (in the NPRM) we
[EASA] AD. appropriately grouping airplanes with proposed to prevent the use of repairs
Corrective actions include replacing average flight time utilization above 1.5 that were not specifically developed to
any cracked lower frame fittings with a hours, and airplanes with average flight correct the unsafe condition, by
new frame foot. You may examine the time utilization at or below 1.5 hours. requiring that the repair approval
MCAI in the AD docket on the Internet We have determined these compliance provided by the State of Design
at http://www.regulations.gov by times acceptable for this proposed AD. Authority or its delegated agent
searching for and locating FAA–2014– However, we do acknowledge that a specifically refer to this FAA AD. This
0143. fixed compliance time for a fleet could change was intended to clarify the
be easier for operators to schedule and method of compliance and to provide
Related Service Information Under 1 operators with better visibility of repairs
record compliance. Therefore, under the
CFR Part 51 that are specifically developed and
provisions of paragraph (j)(1) of this
Airbus has issued Service Bulletin proposed AD, we will consider requests approved to correct the unsafe
A300–53–6177, dated May 20, 2015. for approval of an alternative method of condition. In addition, we proposed to
The service information describes compliance (AMOC) if a proposal is change the phrase ‘‘its delegated agent’’
procedures for repetitive detailed submitted that is supported by technical to include ‘‘the Design Approval Holder
inspections for cracking of the lower data that includes fatigue and damage (DAH) with a State of Design
frame fittings between FR41 and FR46. tolerance analysis. We have not changed Authority’s design organization
Airbus has also issued Service Bulletin this proposed AD in this regard. approval (DOA)’’ to refer to a DAH
A300–53–6176, dated May 20, 2015. authorized to approve required repairs
The service information describes Request To Remove Reporting for the AD.
procedures for replacing all lower frame Requirement In its comments to the proposed AD
feet between frame FR41 and FR46 with FedEx objected to the reporting (in the NPRM), UPS stated the
new, improved frame feet. This service requirement in the proposed AD (in the following: ‘‘The proposed wording,
information is reasonably available NPRM). being specific to repairs, eliminates the
because the interested parties have We infer that FedEx wants the interpretation that Airbus messages or
access to it through their normal course reporting requirement removed. We other approved EASA documents are
of business or by the means identified disagree that the reporting requirement acceptable for approving minor
in the ADDRESSES section. should be removed from this proposed deviations (corrective actions) needed
AD. We have determined that reporting during accomplishment of a[n AD]
Comments the inspection findings will enable the mandated Airbus service bulletin.’’
We gave the public the opportunity to manufacturer to obtain better insight This comment has made the FAA
participate in developing this proposed into the extent of the cracking. We have aware that some operators have
AD. We considered the comments made no change to this proposed AD in misunderstood or misinterpreted the
received. this regard. Airworthy Product paragraph to allow
the owner/operator to use messages
Request To Revise Method Used To Request To Remove Requirement To provided by the manufacturer as
Determine Compliance Times Refer to This AD in Repair Approvals approval of deviations during the
United Parcel Service (UPS) requested UPS requested that we revise the accomplishment of an AD-mandated
that the compliance times in the proposed AD (in the NPRM) to remove action. The Airworthy Product
proposed AD (in the NPRM) be revised the requirement to include the AD paragraph does not approve messages or
to be less complex. UPS stated that the reference in repair approvals. UPS noted other information provided by the
proposed compliance times contain a its concerns that the NPRM will manufacturer for deviations to the
Lhorne on DSK30JT082PROD with PROPOSALS
method known as ‘‘Average Flight increase requests for approval of requirements of the AD-mandated
Time’’ (AFT) which results in a variable alternative methods of compliance actions. The Airworthy Product
flight hour limit and adds an (AMOCs) and result in delays to other paragraph only addresses the
unnecessary complexity to the threshold services and actions addressed by the requirement to contact the manufacturer
table and subsequent inspection actions. FAA on a daily basis. for corrective actions for the identified
UPS added that use of the AFT method, We agree with the commenter’s unsafe condition and does not cover
along with a lack of standard procedures request to remove from this proposed deviations from other AD requirements.
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![Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules 44243
However, deviations to AD-required result, we have determined that it is safety in air commerce. This regulation
actions are addressed in 14 CFR 39.17, necessary to reopen the comment period is within the scope of that authority
and anyone may request the approval to provide additional opportunity for because it addresses an unsafe condition
for an AMOC to the AD-required actions the public to comment on this SNPRM. that is likely to exist or develop on
using the procedures found in 14 CFR products identified in this rulemaking
Costs of Compliance
39.19. action.
To address this misunderstanding and We estimate that this SNPRM affects
misinterpretation of the Airworthy 123 airplanes of U.S. registry. Regulatory Findings
Product paragraph, we have changed We estimate that it would take about We determined that this proposed AD
that paragraph and retitled it 541 work-hours per product to comply would not have federalism implications
‘‘Contacting the Manufacturer.’’ This with the basic requirements of this under Executive Order 13132. This
paragraph now clarifies that for any SNPRM, and 1 work-hour per product proposed AD would not have a
requirement in this AD to obtain for reporting. The average labor rate is substantial direct effect on the States, on
corrective actions from a manufacturer, $85 per work-hour. Required parts the relationship between the national
the actions must be accomplished using would cost about $0 per product. Based Government and the States, or on the
a method approved by the FAA, EASA, on these figures, we estimate the cost of distribution of power and
or Airbus’s EASA DOA. this SNPRM on U.S. operators to be responsibilities among the various
The ‘‘Contacting the Manufacturer’’ $5,666,610, or $46,070 per product. levels of government.
paragraph also clarifies that, if approved We estimate that the optional For the reasons discussed above, I
by the DOA, the approval must include terminating modification would take certify this proposed regulation:
the DOA-authorized signature. The DOA about 529 work-hours and require parts 1. Is not a ‘‘significant regulatory
signature indicates that the data and costing $131,500, for a cost of $176,465. action’’ under Executive Order 12866;
information contained in the document 2. Is not a ‘‘significant rule’’ under the
Paperwork Reduction Act
are EASA-approved, which is also FAA- DOT Regulatory Policies and Procedures
approved. Messages and other A federal agency may not conduct or (44 FR 11034, February 26, 1979);
information provided by the sponsor, and a person is not required to 3. Will not affect intrastate aviation in
manufacturer that do not contain the respond to, nor shall a person be subject Alaska; and
DOA-authorized signature approval are to penalty for failure to comply with a 4. Will not have a significant
not EASA-approved, unless EASA collection of information subject to the economic impact, positive or negative,
directly approves the manufacturer’s requirements of the Paperwork on a substantial number of small entities
message or other information. Reduction Act unless that collection of under the criteria of the Regulatory
This clarification does not remove information displays a current valid Flexibility Act.
flexibility afforded previously by the OMB control number. The control
List of Subjects in 14 CFR Part 39
Airworthy Product paragraph. number for the collection of information
Consistent with long-standing FAA required by this proposed AD is 2120– Air transportation, Aircraft, Aviation
policy, such flexibility was never 0056. The paperwork cost associated safety, Incorporation by reference,
intended for required actions. This is with this proposed AD has been Safety.
also consistent with the detailed in the Costs of Compliance The Proposed Amendment
recommendation of the AD section of this document and includes
Implementation Aviation Rulemaking time for reviewing instructions, as well Accordingly, under the authority
Committee to increase flexibility in as completing and reviewing the delegated to me by the Administrator,
complying with ADs by identifying collection of information. Therefore, all the FAA proposes to amend 14 CFR part
those actions in manufacturers’ service reporting associated with this proposed 39 as follows:
instructions that are ‘‘Required for AD is mandatory. Comments concerning
PART 39—AIRWORTHINESS
Compliance’’ with ADs. We continue to the accuracy of this burden and
DIRECTIVES
work with manufacturers to implement suggestions for reducing the burden
this recommendation. But once we should be directed to the FAA at 800 ■ 1. The authority citation for part 39
determine that an action is required, any Independence Ave. SW., Washington, continues to read as follows:
deviation from the requirement must be DC 20591, ATTN: Information
Authority: 49 U.S.C. 106(g), 40113, 44701.
approved as an AMOC. Collection Clearance Officer, AES–200.
FAA’s Determination and Requirements Authority for This Rulemaking § 39.13 [Amended]
of This SNPRM ■ 2. The FAA amends § 39.13 by adding
Title 49 of the United States Code the following new airworthiness
This product has been approved by specifies the FAA’s authority to issue directive (AD):
the aviation authority of another rules on aviation safety. Subtitle I,
country, and is approved for operation section 106, describes the authority of Airbus: Docket No. FAA–2014–0143;
in the United States. Pursuant to our the FAA Administrator. ‘‘Subtitle VII: Directorate Identifier 2012–NM–113–AD.
bilateral agreement with the State of Aviation Programs,’’ describes in more (a) Comments Due Date
Design Authority, we have been notified detail the scope of the Agency’s We must receive comments by August 22,
of the unsafe condition described in the authority. 2016.
MCAI and service information We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII, (b) Affected ADs
referenced above. We are proposing this
Lhorne on DSK30JT082PROD with PROPOSALS
AD because we evaluated all pertinent Part A, Subpart III, Section 44701: None.
information and determined an unsafe General requirements.’’ Under that (c) Applicability
condition exists and is likely to exist or section, Congress charges the FAA with This AD applies to Airbus Model A300 B4–
develop on other products of these same promoting safe flight of civil aircraft in 603, B4–620, B4–622, B4–605R, B4–622R,
type designs. air commerce by prescribing regulations F4–605R, F4–622R, and C4–605R variant F
Certain changes described above for practices, methods, and procedures airplanes; certificated in any category; all
expand the scope of the NPRM. As a the Administrator finds necessary for serial numbers.
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![44244 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules
(d) Subject using the procedures found in 14 CFR 39.19. information on the availability of this
Air Transport Association (ATA) of In accordance with 14 CFR 39.19, send your material at the FAA, call 425–227–1221.
America Code 53, Fuselage. request to your principal inspector or local
Issued in Renton, Washington, on June 23,
Flight Standards District Office, as
(e) Reason 2016.
appropriate. If sending information directly
to the International Branch, send it to ATTN: Dorr M. Anderson,
This AD was prompted by reports of cracks
in the frame base fittings connecting the Dan Rodina, Aerospace Engineer, Acting Manager, Transport Airplane
frame lower positions to the center wing box. International Branch, ANM–116, Transport Directorate, Aircraft Certification Service.
We are issuing this AD to detect and correct Airplane Directorate, FAA, 1601 Lind [FR Doc. 2016–15928 Filed 7–6–16; 8:45 am]
cracking of the lower frame fittings, which Avenue SW., Renton, WA 98057–3356;
BILLING CODE 4910–13–P
could result in reduced structural integrity of telephone 425–227–1405; fax 425–227–2125.
the airplane. Information may be emailed to: 9-ANM-116-
AMOC-REQUESTS@faa.gov. Before using
(f) Compliance any approved AMOC, notify your appropriate DEPARTMENT OF TRANSPORTATION
Comply with this AD within the principal inspector, or lacking a principal
compliance times specified, unless already inspector, the manager of the local flight Federal Aviation Administration
done. standards district office/certificate holding
district office. The AMOC approval letter 14 CFR Part 39
(g) Repetitive Inspections and Replacement
must specifically reference this AD. [Docket No. FAA–2016–8161; Directorate
If Necessary
(2) Contacting the Manufacturer: For any Identifier 2016–CE–018–AD]
At the applicable time specified in requirement in this AD to obtain corrective
paragraph 1.E., ‘‘Compliance,’’ of Airbus actions from a manufacturer, the action must RIN 2120–AA64
Service Bulletin A300–53–6177, dated May be accomplished using a method approved
20, 2015, except where Airbus Service by the Manager, International Branch, ANM– Airworthiness Directives; REIMS
Bulletin A300–53–6177, dated May 20, 2015, 116, Transport Airplane Directorate, FAA; or AVIATION S.A. Airplanes
specifies a compliance time ‘‘from issuance the European Aviation Safety Agency
of Revision 04 of Service Bulletin A300–53– (EASA); or Airbus’s EASA Design AGENCY: Federal Aviation
6111,’’ this AD requires compliance within Organization Approval (DOA). If approved by Administration (FAA), Department of
the specified compliance time after the the DOA, the approval must include the Transportation (DOT).
effective date of this AD: Perform a detailed DOA-authorized signature.
inspection for cracking of the lower frame ACTION: Notice of proposed rulemaking
(3) Reporting Requirements: A federal
fittings between frame (FR) 41 and FR46 of (NPRM).
agency may not conduct or sponsor, and a
the frame foot, and if any crack is found, person is not required to respond to, nor
before further flight, replace with a new SUMMARY: We propose to adopt a new
shall a person be subject to a penalty for
frame foot, in accordance with the airworthiness directive (AD) for certain
failure to comply with a collection of
Accomplishment Instructions of Airbus information subject to the requirements of REIMS AVIATION S.A. Model F406
Service Bulletin A300–53–6177, dated May the Paperwork Reduction Act unless that airplanes. This proposed AD results
20, 2015. Repeat the inspection thereafter at collection of information displays a current from mandatory continuing
the applicable intervals specified in valid OMB Control Number. The OMB airworthiness information (MCAI)
paragraph 1.E., ‘‘Compliance,’’ of Airbus Control Number for this information originated by an aviation authority of
Service Bulletin A300–53–6177, dated May collection is 2120–0056. Public reporting for
20, 2015.
another country to identify and correct
this collection of information is estimated to an unsafe condition on an aviation
(h) Reporting be approximately 5 minutes per response, product. The MCAI describes the unsafe
including the time for reviewing instructions,
At the applicable time specified in condition as cracks found in the
completing and reviewing the collection of
paragraph (h)(1) or (h)(2) of this AD: Submit horizontal stabilizer rear attach
a report of the findings (both positive and information. All responses to this collection
of information are mandatory. Comments structure and the vertical fin rear spar
negative) of each inspection required by attach structure. We are issuing this
paragraph (g) of this AD. Send the report to concerning the accuracy of this burden and
Airbus Service Bulletin Reporting Online suggestions for reducing the burden should proposed AD to require actions to
Application on Airbus World (https:// be directed to the FAA at: 800 Independence address the unsafe condition on these
w3.airbus.com). Ave. SW., Washington, DC 20591, Attn: products.
(1) If the inspection was done on or after Information Collection Clearance Officer,
AES–200. DATES: We must receive comments on
the effective date of this AD: Submit the this proposed AD by August 22, 2016.
report within 30 days after the inspection. (k) Related Information
(2) If the inspection was done before the ADDRESSES: You may send comments by
effective date of this AD: Submit the report (1) Refer to Mandatory Continuing any of the following methods:
within 30 days after the effective date of this Airworthiness Information (MCAI) EASA • Federal eRulemaking Portal: Go to
AD. Airworthiness Directive 2015–0217, dated http://www.regulations.gov. Follow the
October 30, 2015, for related information.
(i) Optional Terminating Action This MCAI may be found in the AD docket
instructions for submitting comments.
on the Internet at http://www.regulations.gov • Fax: (202) 493–2251.
Replacement of all lower frame feet • Mail: U.S. Department of
between FR41 and FR46, in accordance with by searching for and locating Docket No.
the Accomplishment Instructions of Airbus FAA–2014–0143. Transportation, Docket Operations, M–
Service Bulletin A300–53–6176, dated May (2) For service information identified in 30, West Building Ground Floor, Room
20, 2015, terminates the repetitive this AD, contact Airbus SAS, Airworthiness W12–140, 1200 New Jersey Avenue SE.,
inspections required by paragraph (g) of this Office—EAW, 1 Rond Point Maurice Washington, DC 20590.
AD. Bellonte, 31707 Blagnac Cedex, France; • Hand Delivery: U.S. Department of
telephone +33 5 61 93 36 96; fax +33 5 61 Transportation, Docket Operations, M–
Lhorne on DSK30JT082PROD with PROPOSALS
(j) Other FAA AD Provisions 93 44 51; email account.airworth-eas@ 30, West Building Ground Floor, Room
The following provisions also apply to this airbus.com; Internet http://www.airbus.com.
You may view this referenced service
W12–140, 1200 New Jersey Avenue SE,
AD:
(1) Alternative Methods of Compliance information at the FAA, Transport Airplane Washington, DC 20590, between 9 a.m.
(AMOCs): The Manager, International Directorate, 1601 Lind Avenue SW., Renton, and 5 p.m., Monday through Friday,
Branch, ANM–116, Transport Airplane WA. You may view this service information except Federal holidays.
Directorate, FAA, has the authority to at the FAA, Transport Airplane Directorate, For service information identified in
approve AMOCs for this AD, if requested 1601 Lind Avenue SW., Renton, WA. For this proposed AD, contact ASI Aviation,
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Document Created: 2018-02-08 07:54:31
Document Modified: 2018-02-08 07:54:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. | |
| Dates | We must receive comments on this SNPRM by August 22, 2016. | |
| Contact | Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149. | |
| FR Citation | 81 FR 44241 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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