[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Proposed Rules]
[Pages 54486-54490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19566; Directorate Identifier 2004-NM-72-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 and A300 B4 Series 
Airplanes; and Model A300 B4-600, B4-600R, and F4-600R Series 
Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called 
A300-600 Series Airplanes)

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Airbus airplanes as listed 
above. The original NPRM would have required repetitively inspecting 
for cracking in the web of nose rib 7 of the inner flap on the wings, 
and performing related investigative/corrective actions if necessary. 
The original NPRM was prompted by reports of cracking in the web of 
nose rib 7 of the inner flap. This action revises the original NPRM by 
adding additional inspections for cracking in the web of nose rib 7 of 
the inner flap on the wings, and revising compliance times for certain 
airplanes. We are proposing this supplemental NPRM to detect and 
correct cracking in the web of nose rib

[[Page 54487]]

7, which could result in rupture of the attachment fitting between the 
inner flap and flap track no. 2, and consequent reduced structural 
integrity of the flap.

DATES: We must receive comments on this supplemental NPRM by October 
11, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2004-19566; the directorate identifier for this 
docket is 2004-NM-72-AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2004-19566; 
Directorate Identifier 2004-NM-72-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this supplemental NPRM. 
We will consider all comments received by the closing date and may 
amend this supplemental NPRM in light of those comments.
    We will post all comments submitted, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this supplemental NPRM. Using the search function 
of our docket Web site, anyone can find and read the comments in any of 
our dockets, including the name of the individual who sent the comment 
(or signed the comment on behalf of an association, business, labor 
union, etc.). You can review the DOT's complete Privacy Act Statement 
in the Federal Register published on April 11, 2000 (65 FR 19477-78), 
or you can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System (DMS) receives 
them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to all Airbus Model A300 B2 and A300 
B4 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series 
airplanes, and Model C4-605R Variant F airplanes (collectively called 
A300-600 series airplanes). The original NPRM was published in the 
Federal Register on November 10, 2004 (69 FR 65097). The original NPRM 
proposed to require repetitively inspecting for cracking in the web of 
nose rib 7 of the inner flap on the wings, and performing related 
investigative/corrective actions if necessary.
    Since the original NPRM was issued, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has notified us of additional crack 
findings in the rib flange at the junction flange with the flap track.

New Relevant Service Information

    Airbus has issued Service Bulletins A300-57-0240 (for Model A300 B2 
and B4 series airplanes) and A300-57-6095 (for Model A300-600 series 
airplanes), both Revision 01, both dated December 2, 2004. (The 
original NPRM refers to the original issues of those service bulletins, 
both including Appendix 01, and both dated April 7, 2003), as the 
acceptable sources of service information for the proposed actions.) 
These service bulletins describe procedures for performing the 
following repetitive inspections:
    <bullet> Using a borescope or endoscope to detect cracking in the 
vertical stiffeners, and the horizontal flanges between the stiffeners, 
of nose rib 7.
    <bullet> Using an eddy current method to detect cracking in the 
horizontal flanges of the attachment lug root of nose rib 7.
    If cracking is found that is within certain limits, the service 
bulletins specify replacing nose rib 7 with a new, reinforced rib in 
accordance with Airbus Service Bulletin A300-57-0242 or A300-57-6097, 
both dated December 18, 2003, as applicable. If cracking is found that 
is outside the limits, the service bulletins specify contacting Airbus. 
The procedures in Airbus Service Bulletins A300-57-0242 and A300-57-
6097 include related investigative actions of performing high-frequency 
eddy current inspections or detailed visual inspections, as applicable, 
to detect cracking in fastener holes and in the upper radii of the skin 
flanges of the ribs and front spar. If any cracking is found during 
these inspections, Airbus Service Bulletins A300-57-0242 and A300-57-
6097 specify contacting Airbus.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DGAC mandated 
the service information and issued French airworthiness directive F-
2005-022, dated February 2, 2005, to ensure the continued airworthiness 
of these airplanes in France.

Comments

    We have considered the following comments on the original NPRM.

Request To Revise Estimated Costs of Compliance

    One commenter requests that we increase, from 2 work hours to 5 
work hours, our estimate of the time needed to perform the proposed 
inspection. The commenter states that this estimate is realistic based 
on its experience, and is also consistent with the estimate specified 
in Airbus Service Bulletin A300-57-6095.
    We partially agree with the commenter's request. We note that the 
5-work-hour estimate specified in the original issue of Airbus Service 
Bulletin A300-57-6095 includes time for getting access and closing up. 
The cost analysis

[[Page 54488]]

in AD rulemaking actions, however, typically does not include 
incidental costs such as the time required to gain access and close up, 
time necessary for planning, or time necessitated by other 
administrative actions. Those incidental costs, which may vary 
significantly among operators, are almost impossible to calculate. We 
note, though, that the estimated number of work hours for the 
inspections (not including time for gaining access and closing up) has 
been increased to 3 work hours in Revision 01 of Airbus Service 
Bulletins A300-57-0240 and A300-57-6095. We have revised the cost 
estimate in this supplemental NPRM accordingly.
    The same commenter also requests that we revise the estimated costs 
of compliance to include the estimated cost of replacing the nose rib. 
The commenter states that its experience shows that the likelihood of 
crack findings is high. The commenter also states that it has found 
that 65 work hours are necessary for replacing the rib, and that the 
replacement necessitates approximately 3 days' out-of-service time. The 
commenter states that adding this information would more accurately 
reflect the economic burden imposed by this rule.
    We do not agree with the commenter's request to include an estimate 
of the time needed for replacing the nose rib. The economic analysis of 
an AD is limited to the cost of actions that are actually required. The 
economic analysis does not consider the costs of conditional actions, 
such as an action taken to address a crack found during a required 
inspection (``repair, if necessary''). Such conditional repairs would 
be required--regardless of AD direction--to correct an unsafe condition 
identified in an airplane and to ensure that the airplane is operated 
in an airworthy condition, as required by the Federal Aviation 
Regulations. We have not changed the supplemental NPRM in this regard.
    We also do not agree with the commenter's request to include the 
out-of-service time that may result from replacing of the nose rib. 
Normally, compliance with the AD will not necessitate any additional 
out-of-service time beyond that of a regularly scheduled maintenance 
hold. Even if additional out-of-service time is necessary for some 
airplanes in some cases, we do not have sufficient information to 
evaluate the number of airplanes that may be so affected or the amount 
of additional down time that may be required. Therefore, attempting to 
estimate such costs would not be beneficial. We have not changed the 
supplemental NPRM in this regard.

Request To Allow Flight With Cracks

    One commenter requests that we revise the original NPRM to permit 
limited flight with a crack of a certain length, as allowed by the DGAC 
in the parallel French airworthiness directive and by Airbus in the 
referenced service bulletins. The commenter states that the approach 
taken by the DGAC and Airbus to allow limited flight with cracks is 
adequately conservative. The commenter's experience shows that a crack 
will remain contained in the vertical stiffeners and will not result in 
any distress or signs of sudden fracture if flights are continued for a 
limited time.
    We disagree with the commenter's request. The original NPRM 
specified that the proposed AD would not permit further flight if any 
crack is detected in nose rib 7 due to the safety implications and 
consequences associated with such cracking. This proposed requirement 
is in line with FAA policy. We would consider altering this policy only 
in rare cases of unusual need or hardship, which the commenter did not 
demonstrate. We have not changed the requirement in this supplemental 
NPRM.
    The same commenter also infers that, because the original NPRM does 
not contain information on ferry flights, ferry flights are not 
allowed.
    We do not agree with the commenter's inference that ferry flights 
would not be allowed. On July 10, 2002, the FAA issued a new version of 
14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's 
airworthiness directives system. The regulation now includes material 
that relates to special flight permits (e.g., ferry flights), as well 
as altered products and alternative methods of compliance (AMOCs). 
Since this information is now included in 14 CFR part 39, information 
on special flight permits is not included in each individual AD unless 
there are limitations on special flight permits for an individual AD.

Explanation of Change to Applicability

    We have revised the applicability of this supplemental NPRM to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Differences Among the Supplemental NPRM, French Airworthiness 
Directive, and New Relevant Service Information

    For airplanes on which Airbus Service Bulletin A300-57-0242 or 
A300-57-6097 has not been accomplished, French airworthiness directive 
F-2005-022 specifies a compliance time for the initial inspection of 
the later of 5,000 total flight cycles, or 1,000 flight cycles after 
the effective date of the French airworthiness directive. This 
supplemental NPRM would base the compliance time for the initial 
inspection of these airplanes on the total number of flight cycles 
accumulated as of the effective date of the AD:
    <bullet> For airplanes with 18,599 or fewer total flight cycles as 
of the effective date of the AD: the initial inspection would be 
required before the accumulation of 5,000 total flight cycles, or 
within 1,000 flight cycles after the effective date of the AD, 
whichever is later.
    <bullet> For airplanes with 18,600 or more total flight cycles as 
of the effective date of this AD: the initial inspection would be 
required within 500 flight cycles after the effective date of the AD.
    The compliance time in this supplemental NPRM is similar to the one 
proposed in the original NPRM, which was consistent with the compliance 
time specified in French airworthiness directive 2003-410, dated 
October 29, 2003 (the parallel French airworthiness directive 
referenced in the original NPRM, which was superseded by French 
airworthiness directive F-2005-022, described previously). However, the 
more restrictive grace period of 500 flight cycles for airplanes with 
18,600 total flight cycles or more was not included in French 
airworthiness directive F-2005-022. We have coordinated this issue with 
the DGAC and Airbus, and they have informed us that the more 
restrictive grace period was not included in French airworthiness 
directive F-2005-022 because the affected airplanes were previously 
inspected in accordance with French airworthiness directive 2003-410. 
The DGAC and Airbus agree with our decision to use a compliance time 
similar to that specified in French airworthiness directive 2003-410.
    Also, the service information specifies that you may contact the 
manufacturer for instructions on how to repair certain conditions, but 
this supplemental NPRM would require you to repair those conditions 
using a method that we or the DGAC (or its delegated agent) approve. In 
light of the type of repair

[[Page 54489]]

that would be required to address the unsafe condition, and consistent 
with existing bilateral airworthiness agreements, we have determined 
that, for this proposed AD, a repair that we or the DGAC approve would 
be acceptable for compliance with this proposed AD.
    Also, the service information and the French airworthiness 
directive specify reporting inspection findings to Airbus. This 
supplemental NPRM would not require that action.

Clarification of Inspection Terminology

    In this proposed AD, the ``detailed visual inspection'' specified 
in Airbus Service Bulletins A300-57-0242 and A300-57-6097 is referred 
to as a ``detailed inspection.'' We have included the definition for a 
detailed inspection in a note in this supplemental NPRM.

Interim Action

    We consider this proposed AD interim action. The manufacturer is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, we may consider additional rulemaking.

Costs of Compliance

    This supplemental NPRM would affect about 143 airplanes of U.S. 
registry. The proposed inspections would take about 3 work hours per 
airplane, per inspection cycle, at an average labor rate of $65 per 
work hour. Based on these figures, the estimated cost of this 
supplemental NPRM on U.S. operators is $27,885, or $195 per airplane, 
per inspection cycle.

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 have 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 that the 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 supplemental NPRM. See the ADDRESSES section for a 
location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 
airworthiness directive (AD):

Airbus: Docket No. FAA-2004-19566; Directorate Identifier 2004-NM-
72-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by October 11, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 B2-1A, B2-1C, B2K-
3C, B2-203, B4-2C, B4-103, B4-203, B4-601, B4-603, B4-605R, B4-620, 
B4-622, B4-622R, F4-605R, F4-622R, and C4-605R Variant F airplanes; 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of cracking in the web of 
nose rib 7 of the inner flap. We are issuing this AD to detect and 
correct cracking in the web of nose rib 7, which could result in 
rupture of the attachment fitting between the inner flap and flap 
track no. 2, and consequent reduced structural integrity of the 
flap.

Compliance

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

Inspections

    (f) Do a detailed inspection, using a borescope or endoscope, 
for cracking of the vertical stiffeners, and of the horizontal 
flanges between the stiffeners, of nose rib 7 of the inner flap of 
the left- and right-hand wings; and do an eddy current inspection to 
detect cracking in the horizontal flanges of the attachment lug root 
of nose rib 7 of the inner flap of the left- and right-hand wings; 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A300-57-0240 or A300-57-6095, both Revision 01, both dated 
December 2, 2004, as applicable. Do the initial inspections at the 
applicable compliance time specified in paragraph (f)(1) or (f)(2) 
of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (1) For airplanes on which nose rib 7 has not been replaced in 
accordance with Airbus Service Bulletin A300-57-0242 or A300-57-
6097, both dated December 18, 2003: Do the initial inspections at 
the applicable time specified in paragraph (f)(1)(i) or (f)(1)(ii) 
of this AD.
    (i) For airplanes with 18,599 or fewer total flight cycles as of 
the effective date of this AD: Prior to the accumulation of 5,000 
total flight cycles, or within 1,000 flight cycles after the 
effective date of this AD, whichever is later.
    (ii) For airplanes with 18,600 or more total flight cycles as of 
the effective date of this AD: Within 500 flight cycles after the 
effective date of this AD.
    (2) For airplanes on which nose rib 7 has been replaced in 
accordance with Airbus Service Bulletin A300-57-0242 or A300-57-
6097, both dated December 18, 2003: Do the initial inspection within 
5,000 flight cycles after accomplishing the replacement, or within 
1,000 flight cycles after the effective date of this AD, whichever 
is later.

Repetitive Inspections

    (g) If no cracking is found during the inspection required by 
paragraph (f) of this AD: Repeat the inspection at intervals not to 
exceed 1,000 flight cycles.

[[Page 54490]]

Related Investigative/Corrective Actions

    (h) If any cracking is found during any inspection required by 
paragraph (f) or (g) of this AD: Before further flight, replace nose 
rib 7 with a new, reinforced rib and do all related investigative 
actions in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A300-57-0242 or A300-57-6097, both dated December 
18, 2003, as applicable, except as provided by paragraph (i) of this 
AD. Then, within 5,000 flight cycles after doing the replacement, do 
the inspection in paragraph (f) of this AD, and perform repetitive 
inspections or related investigative/corrective actions as required 
by paragraphs (g) and (h) of this AD, as applicable.
    (i) If any cracking is found for which the service bulletin 
specifies to contact Airbus: Before further flight, repair per a 
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated 
agent).

No Reporting Required

    (j) Airbus Service Bulletins A300-57-0240 and A300-57-6095, both 
Revision 01, both dated December 2, 2004, specify to submit certain 
information to the manufacturer, but this AD does not include that 
requirement.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.

Related Information

    (l) French airworthiness directive F-2005-022, dated February 2, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 8, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18312 Filed 9-14-05; 8:45 am]
BILLING CODE 4910-13-P