
[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12314-12318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 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 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 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-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: 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: 

[[Page 12315]]

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

[[Page 12316]]

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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
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

[[Page 12317]]

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 425-227-2125; fax 425-227-1149. 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.
    (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

[[Page 12318]]

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 account.airworth-eas@airbus.com; 
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 425-227-1221.


    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


