[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46327-46329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21411]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0397; Directorate Identifier 2008-NM-023-AD; 
Amendment 39-16018; AD 2009-19-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-
3C, B4-103, B4-203, and B4-2C 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:

    An operator has reported the loss of a centre flap inner tab on 
an in-service A300 aircraft. The centre flap inner tab detached 
during approach to an airport. A similar event was reported several 
years ago on a pre-mod 04770 aircraft. * * *
    * * * Investigations led by the manufacturer revealed that the 
centre hinge bracket developed a fatigue crack causing complete 
failure of the bracket. The tab rotated causing failure of the 
inboard link followed by the failure of the outboard link.
    [D]etachment of a centre flap inner tab * * * could be a 
potential risk to persons on [the] ground * * *.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 14, 
2009.

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, 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 April 30, 2009 (74 
FR 19908). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    An operator has reported the loss of a centre flap inner tab on 
an in-service A300 aircraft. The centre flap inner tab detached 
during approach to an airport. A similar event was reported several 
years ago on a pre-mod 04770 aircraft. Previous failure at the aft 
lug of the centre brackets led to the issuance of Airbus Service 
Bulletin A300-57-0205.
    In the most recent case, the aircraft had been modified in 
accordance with Airbus Service Bulletin A300-57-0205 (Airbus 
modification No. 04770). Investigations led by the manufacturer 
revealed that the centre hinge bracket developed a fatigue crack 
causing complete failure of the bracket. The tab rotated causing 
failure of the inboard link followed by the failure of the outboard 
link.
    To avoid a detachment of a centre flap inner tab, which could be 
a potential risk to persons on [the] ground, this AD requires a 
repetitive [high frequency eddy current] inspection of the centre 
flap inner tab hinge bracket and replacement of the bracket when 
cracks are detected * * * [and] reporting of inspection results to 
the TC holder [and provides] an optional terminating action. * * *
* * * * *
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 for Clarification of Reporting Requirement

    TradeWinds Airlines points out that although paragraph (e), 
``Reason,'' of the NPRM describes reporting inspection results to the 
Type Certificate holder, the requirements in paragraphs (f)(1), (f)(2), 
and (f)(3) of the NPRM currently have no information that describes the 
reporting requirement.
    We infer that TradeWinds Airlines is asking us to clarify the 
reporting requirement, and we agree that clarification is necessary. 
Paragraph (e) of the NPRM quotes European Aviation Safety Agency (EASA) 
AD 2007-0299R2, dated October 28, 2008. The EASA AD includes reporting; 
however, this AD does not require reporting. We have updated Note 1 of 
this final rule to clarify this difference. We also removed paragraph 
(g)(3) of the

[[Page 46328]]

proposed AD because that paragraph provides reporting requirement 
information and it is unnecessary to include that information in this 
final rule.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We 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.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry. 
We also estimate that it will take about 55 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $96,800, or $4,400 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 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:

2009-19-01 Airbus: Amendment 39-16018. Docket No. FAA-2009-0397; 
Directorate Identifier 2008-NM-023-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1C, B2-203, B2K-3C, 
B4-103, B4-203, and B4-2C airplanes, certificated in any category, 
all serial numbers, except airplanes which have been modified in 
accordance with Airbus Mandatory Service Bulletin A300-57-0252 
(Airbus Modification 13400).

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    An operator has reported the loss of a centre flap inner tab on 
an in-service A300 aircraft. The centre flap inner tab detached 
during approach to an airport. A similar event was reported several 
years ago on a pre-mod 04770 aircraft. Previous failure at the aft 
lug of the centre brackets led to the issuance of Airbus Service 
Bulletin A300-57-0205.
    In the most recent case, the aircraft had been modified in 
accordance with Airbus Service Bulletin A300-57-0205 (Airbus 
modification No. 04770). Investigations led by the manufacturer 
revealed that the centre hinge bracket developed a fatigue crack 
causing complete failure of the bracket. The tab rotated causing 
failure of the inboard link followed by the failure of the outboard 
link.
    To avoid a detachment of a centre flap inner tab, which could be 
a potential risk to persons on [the] ground, this AD requires a 
repetitive [high frequency eddy current] inspection of the centre 
flap inner tab hinge bracket and replacement of the bracket when 
cracks are detected * * * [and] reporting of inspection results to 
the TC holder [and provides] an optional terminating action. * * *
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the times specified in Table 1 or Table 2 of this AD, as 
applicable, perform a high frequency eddy current inspection to 
detect fatigue cracks of the center hinge bracket of the center flap 
inner tab (on both wings), in accordance with Airbus Mandatory 
Service Bulletin A300-57-0250, Revision 01, dated September 29, 
2008. If no cracking is found, repeat the inspection thereafter at 
intervals not to exceed 850 flight cycles.

[[Page 46329]]



Table 1--Airplanes on which Airbus Service Bulletin A300-57-0205 Has Not
                                Been Done
------------------------------------------------------------------------
 Flight cycles accumulated since first
flight as of the effective date of this          Compliance time
                   AD
------------------------------------------------------------------------
Less than 6,000 flight cycles..........  Prior to accumulating 6,000
                                          flight cycles since first
                                          flight or within 90 days after
                                          the effective date of this AD,
                                          whichever occurs later.
6,000 flight cycles or more, but less    Within 850 flight cycles after
 than 12,000 flight cycles.               the effective date of this AD.
12,000 flight cycles or more...........  Within 500 flight cycles after
                                          the effective date of this AD.
------------------------------------------------------------------------


  Table 2--Airplanes on Which Airbus Service Bulletin A300-57-0205 Has
                                Been Done
------------------------------------------------------------------------
 Flight cycles accumulated since Airbus
     Service Bulletin A300-57-0205
 modification as of the effective date           Compliance time
               of this AD
------------------------------------------------------------------------
Less than 6,000 flight cycles..........  Prior to accumulating 6,000
                                          flight cycles since Airbus
                                          Service Bulletin A300-57-0205
                                          modification or within 90 days
                                          after the effective date of
                                          this AD, whichever occurs
                                          later.
6,000 flight cycles or more, but less    Within 850 flight cycles after
 than 12,000 flight cycles.               the effective date of this AD.
12,000 flight cycles or more...........  Within 500 flight cycles after
                                          the effective date of this AD.
------------------------------------------------------------------------

     (2) If any crack is detected during any inspection required by 
this AD, before further flight, replace the center hinge bracket in 
the accordance with Airbus Mandatory Service Bulletin A300-57-0250, 
Revision 01, dated September 29, 2008. Within 6,000 flight cycles 
after replacing the center hinge bracket, do the inspection required 
by paragraph (f)(1) of this AD, and if no cracking is found, repeat 
the inspection thereafter at intervals not to exceed 850 flight 
cycles.
    (3) Modifying the inboard tab of the center flaps in accordance 
with Airbus Mandatory Service Bulletin A300-57-0252, dated August 
27, 2008, terminates the requirements of this AD.
    (4) Actions accomplished before the effective date of this AD in 
accordance with Airbus Mandatory Service Bulletin A300-57-0250, 
dated November 2, 2007, are considered acceptable for compliance 
with the corresponding actions specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although the European Aviation Safety Agency AD 2007-
0299R2, dated October 28, 2008 and Airbus Mandatory Service Bulletin 
A300-57-0250, dated November 2, 2007, specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

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.
    (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.

Related Information

    (h) Refer to MCAI Airworthiness Directive 2007-0299R2, dated 
October 28, 2008; Airbus Mandatory Service Bulletin A300-57-0250, 
Revision 01, dated September 29, 2008; and Airbus Mandatory Service 
Bulletin A300-57-0252, dated August 27, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A300-57-0250, 
Revision 01, excluding Appendix 1, dated September 29, 2008, to do 
the actions required by this AD, unless the AD specifies otherwise. 
If you do the optional terminating modification specified by this 
AD, you must use Airbus Service Bulletin A300-57-0252, dated August 
27, 2008, to perform that action, unless the AD specifies otherwise.
    (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#98f9fbfbf7edf6ecb6f9f1eaeff7eaecf0b5fdf9ebd8f9f1eafaedebb6fbf7f5"><span class="__cf_email__" data-cfemail="91f0f2f2fee4ffe5bff0f8e3e6fee3e5f9bcf4f0e2d1f0f8e3f3e4e2bff2fefc">[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 August 31, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21411 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P


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