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[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Proposed Rules]
[Pages 44241-44244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15928]

[[Page 44241]]

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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.

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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 account.airworth-eas@airbus.com; 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 account.airworth-eas@airbus.com; 
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
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