Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2018-19-18, Amendment 39-19418 (83 FR 49793, October 3, 2018) (``AD 2018-19-18''). AD 2018-19-18 applied to certain Airbus SAS Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 B4-600R series airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R airplanes. The NPRM published in the Federal Register on February 15, 2019 (84 FR 4387). The NPRM was prompted by the determination that additional airplanes may be affected by the unsafe condition. The NPRM proposed to continue to require, depending on airplane configuration, a modification of certain angle fitting attachment holes; repetitive inspections for cracking of certain holes of the internal lower angle fitting web, certain holes of the internal lower angle fitting horizontal splicing, the aft bottom panel, and a certain junction area; and related investigative andcorrective actions if necessary. The NPRM also proposed to expand the applicability, and, for certain airplanes, proposed to require repetitive inspections for cracking of certain holes of the CWB lower angle fittings and the CWB lower panel, and corrective actions if necessary. The FAA is issuing this AD to address cracking of the FR47 angle fitting, which could result in reduced structural integrity of the airplane.
EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0229, dated October 23, 2018 (``EASA AD 2018-0229'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A300 B4-603, B4-620, B4-622, B4- 605R, B4-622R, C4-605R Variant F, F4-605R, and F4-622R airplanes. The MCAI states:
Prompted by cracks found on CWB FR47 angle fittings, Airbus issued SB [service bulletin] A300-57-6049, SB A300-57-6050, and SB A300-57-6086.These cracks, if not detected and corrected, could affect the structural integrity of the CWB of the aeroplane.
Consequently, DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] France published AD 94-241-170, AD 1999-147-279, AD 2000-533-328 and AD F-2004-159 (EASA approval 2004-9779), each [DGAC France] AD superseding the previous one, to require repetitive high frequency eddy current (HFEC) rotating probe inspections of the FR47 internal lower angle fitting.
After DGAC France AD F-2004-159 was issued, cracks were reportedly found on the horizontal flange of the FR47 internal corner angle fitting during accomplishment of routine maintenance structural inspection and modification in accordance with the instructions of Airbus SB A300-57-6050. Prompted by these findings, Airbus reviewed and amended the inspection programme for the internal lower angle fitting flange (horizontal face).
Consequently, EASA issued AD 2012-0092 [which corresponds to FAA AD 2014-20-18, Amendment 39-17991 (79 FR 65879, November 6, 2014) (``AD 2014-20-18'')] retaining the requirements of DGAC France AD F- 2004-159, which was superseded, and requiring additional repetitive inspections of the CWB lower panel through the ultrasonic method and, depending on findings, re-installation of removed fasteners in transition fit instead of interference. In addition, DGAC France had previously issued AD F-2005-124 (EASA approval 2005-6071) to require CWB FR47 angle fittings inspections for A300 F4-608ST aeroplanes, in accordance with Airbus SB A300-57-9001 and SB A300-57-9002.
Following the discovery of numerous cracks during the accomplishment of SB A300-57-6049 and SB A300-57-6086 inspections, Airbus developed in a first step a new (recommended) modification (Airbus SB A300-57-6113), defined associated inspections programme and methods (ultrasonic/radiographic), and published SB A300-57- 6119. Consequently, EASA issued AD 2016-0198, retaining the requirements of EASA AD 2012-0092,which was superseded, to require repetitive inspections for post-SB A300-57-6113 aeroplanes.
After EASA AD 2016-0198 was issued, Airbus revised in a second step the inspection programme for A300-600 pre-SB
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A300-57-6113 and A300-600ST aeroplanes, reducing inspection thresholds and intervals. At this opportunity, the existing ultrasonic inspection of the CWB lower panel for A300-600 aeroplanes was added for A300-600ST aeroplanes. Consequently, EASA issued AD 2017-0210 [which corresponds to FAA AD 2018-19-18] retaining the requirements of EASA AD 2016-0198 for A300-600 aeroplanes and DGAC France AD F-2005-124 for A300-600ST aeroplanes, which were both superseded, to include these new requirements.
Since EASA AD 2017-0210 was issued, Airbus revised in a third step the inspection programme for A300-600 post-mod 12171 and post- mod 12249 reducing inspection thresholds and intervals, and introducing the CWB lower panel inspection. Airbus published SB A300-57-6121, superseding Airworthiness Limitation Items (ALI) tasks 571012 & 571014.
For the reason described above, this [EASA] AD retains the requirements of EASA AD 2017-0210, which is superseded, and expands the Applicability (Group 3) to include post-mod 12171 and post-mod 12249 aeroplanes [and requires sending inspection results to Airbus].
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- 0020.
Comments
The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment.
Request To Extend Grace Period for Certain Inspections
United Parcel Service (UPS) requested that the grace periods specified in Note 6 and Note 8 of EASA AD 2018-0229 for the inspections specified in paragraph (7) and paragraph (9) of EASA AD 2018-0229 be extended to 30 months after the effective date of the AD, or 18,700 flight cycles, whichever occurs later. UPS reasoned that the proposed AD is being issued to supersede AD 2018-19-18 in order to add airplanes that are post-modification 12171 and 12249. UPS noted that post- modification 12171 and 12249 airplanes have not had any crack findings in service, and that previous related ADs were issued as a result of inferior fatigue characteristics compared to airplanes that are post- modification 12171. UPS pointed out that, of the inspections it has completed so far, there have not been any findings that require part replacement or major repairs. UPS also reasoned that the airworthiness limitation item inspections that the service information is superseding are not required until 18,700 flight cycles at the earliest. Further, UPS asserted that the proposed grace period would require UPS to send airplanes to a maintenance facility on a special visit to accomplish this inspection. UPS maintained that the suggested grace period would provide an equivalent level of safety for the proposed action.
The FAA does not agree with the commenter's request to extend the proposed grace period. In developing an appropriate compliance time for this action, the FAA considered the urgency associated with the subject unsafe condition based on similarly affected models and information received from EASA. In addition, the FAA considered the practical aspect of accomplishing the required modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In consideration of these factors, the FAA has determined that a 12-month grace period will ensure an acceptable level of safety. However, under the provisions of paragraph (k)(1) of this AD, the FAA will consider requests for approval of an extension of the grace period if sufficient data are submitted to substantiate that the new grace period would provide an acceptable level of safety. The FAA has not changed this AD inthis regard.
Request To Use Later Approved Revisions of Certain Service Information
FedEx requested clarification to determine if a statement in EASA AD 2018-0229 is applicable to this AD, and if all later approved service information revisions are acceptable for compliance with this AD. FedEx pointed out that the Reference Publications section of EASA AD 2018-0229 allows the use of later approved revisions to the specified service information for compliance.
The FAA agrees to clarify. This AD does not exclude the Reference Publications section of the MCAI. Therefore, this AD does not disallow the ``later approved revisions'' language typically used in EASA ADs. The FAA has not changed this AD in this regard.
Request To Reference Latest Service Information
FedEx requested that Airbus Service Bulletin A300-57-6086, Revision 7, dated March 26, 2018, be allowed as acceptable for compliance with the requirements of the proposed AD. FedEx pointed out that EASA AD 2018-0229 references Airbus Service Bulletin A300-57-6086, Revision 6, dated July 4, 2017, which has since been revised to Airbus Service Bulletin A300-57-6086, Revision 7, dated March 26, 2018, noting that AD 2018-19-18 allows the use of Airbus Service Bulletin A300-57-6086, Revision 7, dated March 26, 2018.
In response, the FAA notes that this AD refers to the MCAI for compliance, which in turn refers to the service information that is the required for accomplishing the required actions. As stated previously, this AD does not exclude the Reference Publications section of the MCAI. Therefore, this AD does not disallow the ``later approved revisions'' language typically used in EASA ADs. Therefore, no change to this AD is necessary in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA hasdetermined 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.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0229, dated October 23, 2018, describes procedures for a modification of the angle fitting attachment holes, an inspection of certain holes of the internal lower angle fitting web for cracking, an inspection of certain holes of the internal lower angle fitting horizontal splicing for cracking, an inspection of the aft bottom panel for cracking, an inspection of the FR47/Rib 1 junction area for cracking, an inspection of certain holes of the CWB lower angle fittings for cracking, an inspection of the CWB lower panel for cracking, and corrective actions. The corrective actions include a rotating probe inspection for cracking, replacing damaged fasteners, reaming and drilling holes, installing the next nominal fastener for oversized bore holes, and repairing cracks. 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 65 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
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Estimated Costs for Required Actions * ----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Retained actions from AD 2018- Up to 727 work- Up to $3,370.... Up to $65,165... Up to $4,235,725.
19-18. hours x $85 per
hour = Up to
$61,795. New actions.................. 242 work-hours x $100............ $20,670......... $1,343,550.
$85 per hour =
$20,570. ----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product to comply with the reporting requirement in this AD. The average labor rate is $85 per hour. Based on these figures, the FAA estimates the cost of reporting the inspection results on U.S. operators to be $5,525, or $85 per product.
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.
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 requirementsof 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 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 scopeof 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
The FAA determined that 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.