[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Pages 11435-11439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5165]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0993; Directorate Identifier 2009-NM-089-AD; 
Amendment 39-16229; AD 2010-06-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-2C, B4-103, and 
B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, and B4-622R Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 15, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 15, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140,

[[Page 11436]]

1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 28, 2009 (74 
FR 55485). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    One A300-600 aeroplane operator reported that, during a routine 
inspection, the Right Hand frame 40 forward fitting between stringer 
32 and stringer 33 was found cracked. The subject aeroplane had 
previously been modified in accordance with Airbus SB A300-57-6053 
(Airbus Modification 10453).
    This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
    As no fatigue maintenance tasks (Inspection SB or Airworthiness 
Limitation Item) presently exist to inspect the affected area for 
aeroplanes having incorporated Airbus Modification 10453 
preventively (without preliminary crack finding), Airbus has 
developed a new inspection [for cracking, and repair if necessary] 
to ensure structural integrity of the concerned area of frame 40.
* * * * *
    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Increase Work Hours

    FedEx Express states that it has determined that the inspection 
thresholds in the NPRM allow sufficient time to accomplish the proposed 
inspection during a scheduled maintenance check. FedEx Express adds 
that the number of work-hours and elapsed time necessary to accomplish 
the proposed inspections will not impact the overall span-time of its 
planned scheduled maintenance check, unless cracks are found. FedEx 
Express notes that if cracks are found, significant downtime of 
approximately 42 hours will be required to accomplish the corrective 
action. FedEx Express adds that it has already accomplished the 
inspections on five airplanes with no crack findings.
    From these statements, we infer that FedEx Express is requesting 
that we revise the AD to include the work-hours necessary to repair any 
crack findings. We do not agree. The economic analysis of the AD is 
limited only to the cost of actions actually required by the rule. It 
does not consider the costs of ``on-condition'' actions (that is, 
actions needed to correct an unsafe condition such as cracking), 
because, regardless of AD direction, those actions would be required to 
correct an unsafe condition identified in an airplane and ensure 
operation of that airplane in an airworthy condition, as required by 
the Federal Aviation Regulations. We have not changed the AD in this 
regard.

Explanation of Additional Note in the Final Rule

    We have included a new Note 2 in this AD (and renumbered subsequent 
notes accordingly) to provide clarification that a repair is considered 
any modification that restores the original strength of the cracked 
part.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We also determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work hour to $85 per 
work hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 153 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $39,015, or $255 per product.

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 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 this AD:
    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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket

[[Page 11437]]

contains the NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Operations 
office (telephone (800) 647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-06-05 Airbus: Amendment 39-16229. Docket No. FAA-2009-0993; 
Directorate Identifier 2009-NM-089-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus airplanes, certificated in any 
category, as identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A300 B4-2C, B4-103, and B4-203 airplanes, all serial 
numbers, modified preventively in service (without preliminary crack 
findings) in accordance with Airbus Service Bulletin A300-53-0297 
(Airbus Modification 10453).
    (2) Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-
622R airplanes, all serial numbers, modified preventively in service 
(without preliminary crack findings) in accordance with Airbus 
Service Bulletin A300-57-6053 (Airbus Modification 10453).

    Note 1:  For airplanes on which Airbus Service Bulletin A300-53-
0297 or A300-57-6053 (Airbus Modification 10453), as applicable, has 
been incorporated as a corrective action (repair following crack 
finding), no action is required by this AD.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``One A300-600 aeroplane operator reported that, during a 
routine inspection, the Right Hand frame 40 forward fitting between 
stringer 32 and stringer 33 was found cracked. The subject aeroplane 
had previously been modified in accordance with Airbus SB A300-57-
6053 (Airbus Modification 10453).
    ``This condition, if not corrected, could result in a 
deterioration of the structural integrity of the frame.
    ``As no fatigue maintenance tasks (Inspection SB or 
Airworthiness Limitation Item) presently exist to inspect the 
affected area for aeroplanes having incorporated Airbus Modification 
10453 preventively (without preliminary crack finding), Airbus has 
developed a new inspection [for cracking, and repair if necessary] 
to ensure structural integrity of the concerned area of frame 40.''
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in Table 1 of this AD: Do a 
one-time detailed visual inspection of the forward fitting at frame 
40 on both sides of the airplane, in accordance with Airbus 
Mandatory Service Bulletin A300-57A6108 (for Model A300 B4-601, B4-
603, B4-605R, B4-620, B4-622, and B4-622R airplanes) or A300-53A0387 
(for Model A300 B4-2C, B4-103, and B4-203 airplanes), both including 
Appendices 01 and 02, both dated September 12, 2008.

                        Table 1--Compliance Times
------------------------------------------------------------------------
   Airplane models/configuration               Compliance time
------------------------------------------------------------------------
A300 B4-2C and B4-103 airplanes on  Prior to the accumulation of 18,000
 which Airbus Service Bulletin       total flight cycles, or within 3
 A300-53-0297 was done prior to      months after the effective date of
 the accumulation of 9,000 total     this AD, whichever occurs later.
 flight cycles.
A300 B4-2C and B4-103 airplanes on  Within 5,500 flight cycles after
 which Airbus Service Bulletin       accomplishment of Airbus Service
 A300-53-0297 was done on or after   Bulletin A300-53-0297, or within 6
 the accumulation of 9,000 total     months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 11,000 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-203 airplanes on which      Prior to the accumulation of 15,000
 Airbus Service Bulletin A300-53-    total flight cycles, or within 3
 0297 was done prior to the          months after the effective date of
 accumulation of 8,300 total         this AD, whichever occurs later.
 flight cycles.
A300 B4-203 airplanes on which      Within 4,100 flight cycles after
 Airbus Service Bulletin A300-53-    accomplishment of Airbus Service
 0297 was done on or after the       Bulletin A300-53-0297, or within 6
 accumulation of 8,300 total         months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 8,200 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-601, B4-603, B4-605R, B4-   Prior to the accumulation of 11,500
 620, B4-622, and B4-622R            total flight cycles, or within 3
 airplanes on which Airbus Service   months after the effective date of
 Bulletin A300-57-6053 was done      this AD, whichever occurs later.
 prior to the accumulation of
 6,100 total flight cycles.
A300 B4-601, B4-603, B4-605R, B4-   Within 3,300 flight cycles after
 620, B4-622, and B4-622R            accomplishment of Airbus Service
 airplanes on which Airbus Service   Bulletin A300-57-6053, or within 6
 Bulletin A300-57-6053 was done on   months after the effective date of
 or after the accumulation of        this AD, whichever occurs later;
 6,100 total flight cycles.          except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 6,600 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-57-6053,
                                     within 3 months after the effective
                                     date of this AD.
------------------------------------------------------------------------

     (2) Except as required by paragraph (f)(3) of this AD: If any 
crack is found during the inspection required by paragraph (f)(1) of 
this AD, before further flight, do a temporary or definitive repair, 
as applicable, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7, 
2002 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or A300-
57-6052, Revision 03, dated May 27, 2002, including Airbus Drawings 
15R53810394, Issue A, dated December 21, 1998, and 21R57110247, 
Issue A, dated June 20, 1997 (for Model A300 B4-601, B4-603,

[[Page 11438]]

B4-605R, B4-620, B4-622, and B4-622R airplanes).
    (3) If any crack found during the inspection required by 
paragraph (f)(1) of this AD cannot be repaired in accordance with 
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7, 
2002; or A300-57-6052, Revision 03, dated May 27, 2002: Contact 
Airbus for repair instructions and before further flight repair the 
crack using a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the European 
Aviation Safety Agency (EASA) (or its delegated agent.)

    Note 2:  A repair is considered any modification that restores 
the original strength of the cracked part.

    (4) Submit an inspection report in accordance with Appendix 01 
of Airbus Mandatory Service Bulletin A300-53A0387, dated September 
12, 2008 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or 
Airbus Mandatory Service Bulletin A300-57A6108, dated September 12, 
2008 (for Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and 
B4-622R airplanes); to the address identified on the reporting 
sheet, at the applicable time specified in paragraph (f)(4)(i) or 
(f)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or Airbus Service Bulletin A300-53-
0268, Revision 06, dated January 7, 2002; or A300-57-6052, Revision 
03, dated May 27, 2002; allows further flight after cracks are found 
during compliance with the required action, paragraph (f)(3) of this 
AD requires that the cracks be repaired before further flight.

Other FAA AD Provisions

    (g) 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. Send information to Attn: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office. The AMOC 
approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2009-0094, dated 
April 21, 2009 (Correction: May 29, 2009), and the applicable 
service information specified in Table 2 of this AD, for related 
information.

                                      Table 2--Related Service Information
----------------------------------------------------------------------------------------------------------------
                  Document                             Revision                             Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268.......  06..........................  January 7, 2002.
Airbus Service Bulletin A300-57-6052,        03..........................  May 27, 2002.
 including Airbus Drawings 15R53810394,
 Issue A, dated December 21, 1998, and
 21R57110247, Issue A, dated June 20, 1997.
----------------------------------------------------------------------------------------------------------------

    Material Incorporated by Reference
    (i) You must use the service information contained in Table 3 of 
this AD to do the actions required by this AD, as applicable, unless 
the AD specifies otherwise.

                                   Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                  Document                             Revision                             Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268.......  06..........................  January 7, 2002.
Airbus Service Bulletin A300-57-6052,        03..........................  May 27, 2002.
 including Airbus Drawings 15R53810394,
 Issue A, dated December 21, 1998, and
 21R57110247, Issue A, dated June 20, 1997.
----------------------------------------------------------------------------------------------------------------

    Airbus Service Bulletin A300-53-0268, Revision 06, dated January 
7, 2002, has the following effective pages:

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Page No.                                    Revision level shown on page                             Date shown on page
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-6, 9, 10, 25-27................................                                                        06   January 7, 2002.
7, 8, 11-24, 28-84...............................                                                        05   June 9, 2000.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 11439]]

    Airbus Service Bulletin A300-57-6052, Revision 03, dated May 27, 
2002, has the following effective pages:

------------------------------------------------------------------------
                               Revision level
          Page No.             shown on page       Date shown on page
------------------------------------------------------------------------
1-56........................   03............   May 27, 2002.
------------------------------------------------------------------------
                           DRAWING 15R53810394
------------------------------------------------------------------------
1-2.........................   A.............   December 21, 1998.
------------------------------------------------------------------------
                           DRAWING 21R57110247
------------------------------------------------------------------------
1-2.........................   A.............   May 28, 1997.
3-4.........................   A.............   June 20, 1997.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; e-mail: <a href="/cdn-cgi/l/email-protection#89e8eaeae6fce7fda7e8e0fbfee6fbfde1a4ece8fac9e8e0fbebfcfaa7eae6e4"><span class="__cf_email__" data-cfemail="e58486868a908b91cb848c97928a97918dc8808496a5848c97879096cb868a88">[email protected]</span></a>; 
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5165 Filed 3-10-10; 8:45 am]
BILLING CODE 4910-13-P


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