Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4- 605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. The NPRM published in the Federal Register on April 15, 2019 (84 FR 15162). The NPRM was prompted by a determination that a certain AMM task provided instructions for a visual inspection of composite and metallic VTP attachment fittings, but the inspection method did not specify detection of delamination length, which could possibly extend beyond the defined allowable limits. The NPRM proposed to require a review of airplane maintenance records, and, depending on the results, one-time detailed and ultrasonic inspections of the affected parts and applicable corrective actions.
The FAA is issuing this AD to address VTP attachment fittings that could be delaminated beyond allowable limits, which, if not detected and corrected, could lead to failure of the VTP attachment fittings, possibly resulting in loss of control of the airplane.
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0006, dated January 17, 2019 (``EASA AD 2019-0006'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus SAS Model A300-600 series airplanes and Model A310 series airplanes. The MCAI states:
AMM Task 55-36-11 provides instructions for visual inspection of composite and metallic VTP attachment fittings, and contains detailed information on damage limits. As defined in this AMM task, a composite part delamination is acceptable without further repair. However, as the inspection method included in the AMM does not allow detection of delamination length, this may consequently passover the allowable limits defined.
This condition, if not detected and corrected, could lead to failure of the VTP attachment fittings, possibly resulting in loss of control of the aeroplane.
Prompted by this potential unsafe condition, Airbus issued the applicable SB [service bulletin] to provide non-destructive test instructions, which allow detection of delaminated area(s) before exceeding the limits.
For the reasons described above, this [EASA] AD requires a review of maintenance records and, depending on the result, a one- time detailed inspection (DET) of the affected parts, followed by an ultrasonic (US) inspection, and, depending on findings, accomplishment of applicable corrective action(s).
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-2019- 0192.
Comments
The FAA gave the public the opportunity to participate in developing this final rule. The following presentsthe comment received on the NPRM and the FAA's response to that comment.
Request To Clarify Corrective Action
FedEx requested clarification regarding the corrective action specified in paragraph (3) of EASA AD 2019-0006. FedEx noted that paragraph (3) of EASA AD 2019-0006 directs operators to contact Airbus for corrective action instructions if any discrepancies are detected during the inspections specified in EASA AD 2019-0006. FedEx recommended to revise the proposed AD to state that Airbus should only be contacted for repair instructions if damage or delamination is found outside of the allowable damage limits, as specified in structural repair manual (SRM) 55-30-00 during the inspection specified in paragraph (2) of EASA AD 2019-0006. FedEx reasoned that clarifying the corrective action could allow operators to complete the repairs themselves for damage or delamination that are within the allowable damage limits, and that Airbus would only be
[[Page 41610]]
contacted if the damage or delamination is outside of the allowable damage limits. FedEx contended that this distinction could potentially reduce costs for operators and limit aircraft out-of-service time.
The FAA partially agrees with request. Paragraph (h)(5) has been added to this AD, which provides clarification to paragraph (3) of EASA AD 2019-0006 by defining discrepancies as any damage or delamination found outside allowable damage limits, which are specified in the inspection tasks in the service information (including reference to SRM 55-30-00).
Conclusion
The FAA reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule with the change described previously and minor editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM.
The FAA also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0006 describes procedures for a review of airplane maintenance records, one-time detailed and ultrasonic inspections of the affected parts, and applicable corrective actions. This material 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.
Costs of Compliance
The FAA estimates that this AD affects 133 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions --------------------------------------------------------------------------------------------------------------------------------------------------------
Labor costParts cost Cost per product Cost on U.S. operators -------------------------------------------------------------------------------------------------------------------------------------------------------- Up to 21 work-hours x $85 per hour = Up $0 Up to $1,785.................................. Up to $237,405.
to $1,785. --------------------------------------------------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable the agency to provide cost estimates for the on-condition actions specified in this AD.
According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate.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.
The FAA is 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.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order 13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.