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[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Proposed Rules]               
[Page 52652-52654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au10-14]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

[[Page 52652]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0850; Directorate Identifier 2010-NM-076-AD]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    In accordance with design regulation, the THSA [trimmable 
horizontal stabilizer actuator] has a failsafe design. Its upper 
attachment to the aeroplane has two load paths, a Primary Load Path 
(PLP) and a Secondary Load Path (SLP), which is only engaged in case 
of PLP failure. Following the design intent, engagement of the SLP 
leads to jam the THSA, indicating the failure of the PLP.
    Tests carried out under the loads-measured during representative 
flights have demonstrated that, when the SLP is engaged, it does not 
systematically jam the THSA. In addition, laboratory tests have 
confirmed that the SLP will only withstand the loads for a limited 
period of time.
    This condition of PLP failure during an extended period of time, 
if not detected and corrected, would lead to the rupture of the THSA 
upper attachment and consequent THSA loss of command, resulting in 
reduced control of the aeroplane.

* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 12, 
2010.

ADDRESSES: You may send comments 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 W12-40, 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--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: account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may review copies of the referenced 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.

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 this proposed AD, 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.

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:

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-2010-0850; 
Directorate Identifier 2010-NM-076-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0019, dated February 5, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    In accordance with design regulation, the THSA [trimmable 
horizontal stabilizer actuator] has a failsafe design. Its upper 
attachment to the aeroplane has two load paths, a Primary Load Path 
(PLP) and a Secondary Load Path (SLP), which is only engaged in case 
of PLP failure. Following the design intent, engagement of the SLP 
leads to jam the THSA, indicating the failure of the PLP.
    Tests carried out under the loads-measured during representative 
flights have demonstrated that, when the SLP is engaged, it does not 
systematically jam the THSA. In addition, laboratory tests have 
confirmed that the SLP will only withstand the loads for a limited 
period of time.
    This condition of PLP failure during an extended period of time, 
if not detected and corrected, would lead to the rupture of the THSA 
upper attachment and consequent THSA loss of command, resulting in 
reduced control of the aeroplane.
    For the reasons stated above, this AD requires repetitive 
[detailed] inspections to detect if damage exists to the THSA upper

[[Page 52653]]

attachment and if the SLP has been engaged and corrective actions, 
depending on findings.

The corrective actions include contacting Airbus for instructions and 
doing those instructions. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A300-27-0203, 
including Appendix 01, dated June 8, 2009. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, 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 the same 
type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 5 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $850, or $170 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 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); 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 proposed AD and placed it in the AD docket.

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

    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]

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

Airbus: Docket No. FAA-2010-0850; Directorate Identifier 2010-NM-
076-AD.

Comments Due Date

    (a) We must receive comments by October 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B4-2C, 
B2K-3C, B4-103, B2-203, and B4-203 airplanes, certificated in any 
category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In accordance with design regulation, the THSA [trimmable 
horizontal stabilizer actuator] has a failsafe design. Its upper 
attachment to the aeroplane has two load paths, a Primary Load Path 
(PLP) and a Secondary Load Path (SLP), which is only engaged in case 
of PLP failure. Following the design intent, engagement of the SLP 
leads to jam the THSA, indicating the failure of the PLP.
    Tests carried out under the loads-measured during representative 
flights have demonstrated that, when the SLP is engaged, it does not 
systematically jam the THSA. In addition, laboratory tests have 
confirmed that the SLP will only withstand the loads for a limited 
period of time.
    This condition of PLP failure during an extended period of time, 
if not detected and corrected, would lead to the rupture of the THSA 
upper attachment and consequent THSA loss of command, resulting in 
reduced control of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 2,500 flight hours after the effective date of this 
AD, do a detailed visual inspection for metallic particles, cracks, 
scratches, and missing materials of the THSA upper attachment and 
screw shaft, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A300-27-0203, dated June 8, 2009. 
Repeat the inspection thereafter at intervals not to exceed 2,500 
flight hours.
    (h) If during any inspection required by paragraph (g) of this 
AD, any metallic particle, crack, scratch, or missing material is 
found, before further flight, contact Airbus to obtain approved 
corrective action instructions, and accomplish those instructions 
accordingly.

[[Page 52654]]

    (i) Doing the corrective actions in paragraph (h) of this AD is 
not a terminating action for the repetitive inspection required by 
paragraph (g) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (j) 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

    (k) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0019, dated February 5, 2010; and Airbus Mandatory 
Service Bulletin A300-27-0203, dated June 8, 2009; for related 
information.

    Issued in Renton, Washington, on August 20, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-21419 Filed 8-26-10; 8:45 am]
BILLING CODE 4910-13-P
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