[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12314-12318]
[FR Doc No: 2017-03953]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9055; Directorate Identifier 2016-NM-071-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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SUMMARY: We are revising an earlier proposal for certain Airbus Model
A300 B4-600R series airplanes, Model A300 C4-605R Variant F airplanes,
and Model A300 F4-600R series airplanes. This action revises the notice
of proposed rulemaking (NPRM) by extending the area to be inspected for
cracking. This SNPRM also proposes to require an additional inspection
for previously inspected airplanes. We are proposing this airworthiness
directive (AD) to address the unsafe condition on these products. 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: The comment period for the NPRM published in the Federal
Register on September 8, 2016 (81 FR 62026), is reopened.
    We must receive comments on this SNPRM by April 17, 2017.

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:<PHONE_NUMBER>.
     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 SNPRM, 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<EMAIL_ADDRESS>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-2016-
9055; 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:<PHONE_NUMBER>) 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<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

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-2016-9055;
Directorate Identifier 2016-NM-071-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 certain Airbus Model A300
B4-600R series airplanes, Model A300 C4-605R Variant F airplanes, and
Model A300 F4-600R series airplanes. The NPRM published in the Federal
Register on September 8, 2016 (81 FR 62026). The NPRM was prompted by
the results of a full stress analysis of the lower area of frame (FR)
40 that revealed a crack could occur in the forward fitting lower
radius of FR 40 after a certain number of flight cycles. The NPRM
proposed to require an inspection of the lower area of the FR 40 radius
for cracking, and corrective action if necessary.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that the area to be
inspected for cracking in the lower area of the FR 40 radius should be
extended. We have also determined that an additional inspection is
necessary for airplanes previously inspected. In addition, the European
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union, issued EASA AD 2016-0179, dated
September 12, 2016 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), which supersedes EASA AD
2016-0085, dated April 28, 2016. EASA AD 2016-0085 was the MCAI
referred to in the NPRM.
    The MCAI was issued to correct an unsafe condition for certain
Airbus Model A300 B4-600R series airplanes, Model A300 C4-605R Variant
F airplanes, and Model A300 F4-600R series airplanes. The MCAI states:

    Following a full stress analysis of the Frame (FR) 40 lower
area, supported by a Finite Element Model (FEM), of the post-mod
10221 configuration, it was demonstrated that, for the FR40 forward
fitting lower radius, a crack could occur after a certain amount of
flight cycles (FC).
    This condition, if not detected and corrected, could reduce the
structural integrity of the fuselage.
    To address this potential unsafe condition, Airbus established
that crack detection could be achieved through a special detailed
inspection (SDI) using a high frequency eddy current (HFEC) method,
and issued Alert Operators Transmission (AOT) A57W009-16 to provide
those inspection instructions.
    Consequently, EASA issued AD 2016-0085 to require a one-time SDI
of the FR40 lower area and, depending on findings, accomplishment of
applicable corrective action(s).
    Since that [EASA] AD was issued, further cracks were detected,
originating from the fastener hole, and, based on these findings, it
was determined that inspection area must be enlarged, and Airbus AOT
A57W009-16 Revision (Rev.) 01 was issued accordingly.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2016-0085, which is superseded, extends the
area of inspection, and requires an additional inspection for
aeroplanes previously inspected.
    The one-time SDI for high cycle aeroplanes is intended to
mitigate the highest risks within the fleet. Airbus is currently
developing instructions for repetitive inspections that are likely
to be the subject of further [EASA] AD action.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9055.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A57W009-16,
Rev 01, including Appendices 1 and 2, dated July 13, 2016 (``AOT
A57W009-16, Rev 01''). The service information describes procedures for
inspecting the forward fitting lower radius of FR 40 for cracking, and
corrective action. 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.

Support for the NPRM

    One commenter, Joseph Luna, supported the intent of the NPRM.

Request To Refer to Revised MCAI and Service Information

    Airbus requested that the NPRM be revised to specify new MCAI and
revised service information. Airbus noted that, after the NPRM was
published, the service information and the MCAI referred to in the NPRM
were revised. Airbus explained that Airbus AOT A57W009-16, Rev 00,
dated February 25, 2016 (``AOT A57W009-16, Rev 00''), was revised to
extend the area of inspection, and AOT A57W009-16, Rev 01, was
published to include that information. Airbus also pointed out that,
after the NPRM was published, EASA superseded EASA AD 2016-0085, dated
April 28, 2016, and issued EASA AD 2016-0179, dated September 12, 2016,
which extends the area of inspection and requires an additional action
for airplanes previously inspected.
    We agree with the commenter's request. We have revised this
proposed AD to refer to AOT A57W009-16, Rev 01, as the appropriate
source of service information for completing the proposed actions. We
have also included a one-time additional inspection for airplanes on
which the proposed inspection in paragraph (g) of this proposed AD was
accomplished using the procedures in AOT A57W009-16, Rev 00. In
addition, we added credit for the proposed inspection specified in
paragraph (g) of this proposed AD, if that action was done before the
effective date of the AD using the procedures in AOT A57W009-16, Rev
00, provided the proposed inspection specified in paragraph (h) of this
proposed AD is accomplished. In addition, we revised the preamble and
paragraph (m)(1) of this proposed AD to refer to the current EASA AD:
AD 2016-0179, dated September 12, 2016.

Request To Delay Issuance of Final Rule

    United Parcel Service (UPS) requested that we delay issuance of the
final rule until Airbus issues an inspection service bulletin that will
specify the same actions described in AOT A57W009-16, Rev 00, and might
include repetitive inspections that are not in AOT A57W009-16, Rev 00.
UPS stated that Airbus has committed to issue the inspection service
bulletin within the 4th quarter of 2016, and the service bulletin will
supersede AOT A57W009-16, Rev 00. UPS suggested that, to reduce the
issuance of subsequent alternative method of compliance (AMOC) requests
and additional proposed rules, the final rule should be

delayed until the Airbus inspection service bulletin is released. UPS
noted that the areas to be inspected are currently included in another
Airbus service bulletin and other regulations, based on an airplane's
modification status. UPS stated that its fleet of airplanes affected by
the NPRM is below the initial threshold, so there would not be an
impact to the safety of its current fleet. UPS anticipated that the
first inspection for its affected airplanes would not take place until
2025.
    We do not agree with the commenter's request to delay issuance of a
final rule until the Airbus inspection service bulletin is issued. As
previously mentioned, after the issuance of the NPRM, Airbus revised
AOT A57W009-16, Rev 00, to include an extended area of inspection, and
we have revised this proposed AD to refer to the revised AOT (AOT
A57W009-16, Rev 01). AOT A57W009-16, Rev 01, contains all of the
necessary information to address the identified unsafe condition. When
repetitive inspections are developed and related service information is
available we will consider if additional rulemaking is necessary to
mandate those actions.
    In addition, although UPS may have time before the airplanes in its
fleet are required to be inspected, other operators might have
airplanes that have accumulated total flight cycles that are close to
the threshold for the proposed initial inspection.

Request To Specify Actions Required for Compliance (``RC'')

    UPS requested that paragraph (g) of the proposed AD (in the NPRM)
be revised to specify that the required actions are to be accomplished
in accordance with ``paragraph 4.2.2'' of AOT A57W009-16, Rev 00,
instead of ``the procedures'' in AOT A57W009-16, Rev 00. UPS stated
that, as written, paragraph (g) of the proposed AD would require
operators to accomplish all of the actions in AOT A57W009-16, Rev 00,
but it is specifically the actions in paragraph 4.2.2 of AOT A57W009-
16, Rev 00, that address the unsafe condition. UPS noted that Airbus
Service Bulletin A300-57-6115 specifies the identical location, access,
and inspection procedures as AOT A57W009-16, Rev 00, but that service
bulletin identifies which actions are ``Required for Compliance''
(``RC''). To be in compliance with an AD, operators must accomplish all
of the actions identified as ``RC'' in the service information that is
required by an AD. The actions that are not identified as ``RC'' in the
required service information are classified as recommended for
compliance.
    We agree with the commenter's request and have revised paragraphs
(g) and (h) of this proposed AD to refer to the actions in paragraph
4.2.2 of the Airbus AOT, which are the actions required for compliance.
As previously mentioned, we have revised this SNPRM to refer to AOT
A57W009-16, Rev 01, which was issued after the NPRM was published. We
note that this AOT does not include standard ``RC'' language.

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 the same
type design.
    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 proposed AD affects 94 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
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Inspection.........................  3 work-hours x $85 per hour              $0            $255         $23,970
                                      = $255.
Report.............................  1 work-hour x $85 per hour                0              85           7,990
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

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 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 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-2016-9055; Directorate Identifier 2016-NM-
071-AD.

(a) Comments Due Date

    We must receive comments by April 17, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus airplanes, certificated in any
category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD, on which Airbus Modification 10221 was embodied in
production.
    (1) Airbus Model A300 B4-605R and B4-622R airplanes.
    (2) Airbus Model A300 C4-605R Variant F airplanes.
    (3) Airbus Model A300 F4-605R and F4-622R airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by the detection of cracking that
originated from the fastener holes in the forward fitting lower
radius of frame (FR) 40. We are issuing this AD to detect and
correct cracking in the forward fitting lower radius of FR 40. Such
cracking could reduce the structural integrity of the fuselage.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    At the later of the compliance times specified in paragraphs
(g)(1) and (g)(2) of this AD, do a high frequency eddy current
(HFEC) inspection of the lower area of the FR 40 radius for
cracking, in accordance with paragraph 4.2.2 in Airbus Alert
Operators Transmission (AOT) A57W009-16, Rev 01, including
Appendices 1 and 2, dated July 13, 2016.
    (1) Prior to exceeding 19,000 total flight cycles or 41,000
total flight hours since the airplane's first flight, whichever
occurs first.
    (2) Within 300 flight cycles or 630 flight hours after the
effective date of this AD, whichever occurs first.

(h) Additional Inspection for Previously Inspected Airplanes

    For airplanes on which the HFEC inspection required by paragraph
(g) of this AD was accomplished before the effective date of this AD
using the procedures in Airbus AOT A57W009-16, Rev 00, including
Appendices 1 and 2, dated February 25, 2016: Within 300 flight
cycles or 630 flight hours after the effective date of this AD,
whichever occurs first, do a one-time additional HFEC inspection of
the lower area of the FR 40 radius for cracking, in accordance with
paragraph 4.2.2 in Airbus AOT A57W009-16, Rev 01, including
Appendices 1 and 2, dated July 13, 2016.

(i) Corrective Action

    If any crack is found during the inspection required by
paragraph (g) or (h) of this AD: Before further flight, do the
applicable corrective actions in accordance with the procedures in
Airbus AOT A57W009-16, Rev 01, including Appendices 1 and 2, dated
July 13, 2016. Where AOT A57W009-16, Rev 01, including Appendices 1
and 2, dated July 13, 2016, specifies to contact Airbus for
appropriate action, accomplish the corrective actions in accordance
with the procedures specified in paragraph (l)(2) of this AD.

(j) Reporting Requirement

    Submit a report of all findings (both positive and negative)
from the inspection required by paragraph (g) of this AD to Airbus
Customer Services through TechRequest on Airbus World (https://w3.airbus.com/) by selecting Engineering Domain and ATA 57-10.
    (1) For airplanes on which the inspection specified in paragraph
(g) of this AD is accomplished on or after the effective date of
this AD: Submit the report within 30 days after performing the
inspection.
    (2) For airplanes on which the inspection specified in paragraph
(g) of this AD is accomplished before the effective date of this AD:
Submit the report within 30 days after the effective date of this
AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the action required by
paragraph (g) of this AD, if that action was done before the
effective date of this AD using Airbus AOT A57W009-16, Rev 00,
including Appendices 1 and 2, dated February 25, 2016, provided the
inspection required by paragraph (h) of this AD is accomplished.

(l) 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<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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.
    (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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA

Airworthiness Directive 2016-0179, dated September 12, 2016, 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-2016-9055.
    (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<EMAIL_ADDRESS>
Internet http://www.airbus.com. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 16, 2017.
Thomas Groves,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-03953 Filed 3-1-17; 8:45 am]
 BILLING CODE 4910-13-P