Examining the Docket
You may examine the airworthiness directive (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 of the Nassif Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 98-19-22, amendment 39- 10763 (63 FR 49656, September 17, 1998). The existing AD applies to certain Airbus Model A300-600 and A310 series airplanes. That NPRM was published in the Federal Register on August 22, 2005 (70 FR 48911). That NPRM proposed to require repetitive inspections for corrosion on the rear pressure bulkhead between stringer (STGR) 27 (right hand) and STGR27 (left hand), and related investigative/corrective actions if necessary; and sending a report of certain information to the manufacturer.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM.
Request To Reference Latest Issue of Service Bulletin
The commenter states that Airbus has revised Service Bulletin A300- 53-6136, dated October 27, 2004, which was referenced as the appropriate source of service information for accomplishing the proposed actions for certain Airbus airplanes. The commenter points out that this service bulletin is now at Revision 01, dated July 18, 2005. The commenter states that Revision 01 of Service Bulletin A300-53-6136 corrects the flow chart in Figure 1 of the service bulletin by changing the sequence of certain inspections, removes information in a flag note, and removes the replacement of titanium fasteners in certain circumstances. The commenter recommends that we reference Airbus Service Bulletin A300-53-6136, Revision 01, and that we also give credit for actions done before the effective date of this AD in accordance with the original issue of this service bulletin.
We agree with the commenter. We have revised Table 1 of the AD to refer to Airbus Service Bulletin A300-53-6136, Revision 01, dated July 18, 2005. In addition, the other service bulletins referenced in the NPRM have also been revised. (Airbus Service Bulletins A300-53-0363 and A310-53-2114, both dated October 27, 2004, were referenced as the appropriate source of service information for accomplishing the proposed actions for certain other Airbus airplanes.) The additional new revisions are Airbus Service Bulletin A300-53-0363, Revision 01, dated June 10, 2005; and Airbus Service Bulletin A310-53-2114, Revision 01, dated September 1, 2005. The revised service bulletins change the compliance of the service bulletin from "recommended" to "mandatory," and amend the effectivity. None of the revisions increase the economic burden on any operator or increase the scope of the AD. We have also added a new paragraph (j) to the AD to give credit to operators that have accomplished the actions in accordance with the original issue of the service bulletins.
Request To Give Credit for Actions Accomplished Previously
The commenter requests that we ensure that operators of airplanes on which the proposed inspections were done before the effective date of the AD be given credit for inspections accomplished before that date. The commenter states that, as defined in paragraph (g) of the NPRM, operators that had previously accomplished the inspections would be forced to re-accomplish the inspections within 18 months after the effective date of the AD. The commenter requests that the AD allow credit for any inspection done in accordance with Airbus Service Bulletin A300-53-6136, either the original issue or Revision 01, prior to the effective date of the AD, and that the repetitive interval be measured from the initial inspection, or 18 months after the effective date of the AD, whichever is later.
We partially agree with the commenter. We agree that operators should be given credit for actions accomplished previously in accordance with approved service bulletins. We do not agree that it is necessary to change the AD to give credit. Paragraph (e) of the AD states, "You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done." It is possible that on some airplanes the actions were done before the effective date of this AD. On these airplanes, these actions are not required to be repeated, as allowed by the phrase, "unless the actions have already been done," provided the inspections were performed at the same level of complexity and using equipment comparable to that specified for the detailed and special detailed inspections, as applicable, defined in Note 1 and Note 2 of this AD. If the initial inspection has already been done, then the repetitive intervals are measured from the date of completion of the initial inspection. However, any action that has not been accomplished on these airplanes must be done at the time specified in the AD. We have not changed the AD in this regard. Operators may apply for an approval of an alternative method of compliance (AMOC) in accordance with the provisions in paragraph (k) of this AD.
Request To Remove Redundant Reporting Paragraph
The commenter states that the requirement to report corrosion in paragraph (i) of the NPRM is redundant to the current mandatory reporting requirements in Section 121.703 ("Mechanical reliability reports") of the Federal Aviation Regulations (14 CFR 121.703); and the future requirements in Section 121.704 ("Service difficulty reports (structural)") of the Federal Aviation Regulations (14 CFR 121.704). The commenter points out that paragraph (g) of the NPRM already says, "Do any applicable investigative and corrective actions before further flight in accordance with the applicable service bulletin." The commenter states that this statement mandates that the service bulletin be followed verbatim, which includes the reporting requirement. The commenter further states that paragraph (h) of the NPRM ensures that the FAA will be aware of findings because that paragraph specifies that if the service bulletin recommends contacting Airbus for repair instructions, the repair must instead be approved by the FAA. Considering all these methods of reporting information, the commenter states that Airbus, the FAA, and the Direction G n rale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, will have adequate data to determine the extent of corrosion problems in the affected fleet without the report in paragraph (i) of the NPRM. Therefore, the commenter requests that the reporting requirement in paragraph (i) be removed from theAD.
We disagree with the commenter. Paragraph (i) of the NPRM specifies sending the results of the inspection findings to Airbus, whereas the cited Federal Aviation Regulations specify to send such reports to the FAA. As stated in the NPRM, the intent of the reports is to enable Airbus to obtain better insight into the nature, cause, and extent of the corrosion, and to develop a final action to address the unsafe condition; at which time we may consider further rulemaking.
In addition, although paragraph (g) of the NPRM specifies to do all "related investigative and corrective actions" in accordance with the service bulletin, the report is neither an investigative nor a corrective action. However, if the report were interpreted to be either an investigative or a corrective action, and was therefore required in accordance with paragraph (g), then the report also would be required to be done before further flight, which would ground an airplane until the report was submitted.The report in paragraph (i) of the NPRM does not have to be submitted until 30 days after the inspection.
Finally, we do not require reports in ADs unless we find that the information is necessary for us, the affected airworthiness authority, or the manufacturer to assess the unsafe condition. The Paperwork Reduction Act requires agencies to consider the extent of the paperwork burden that will accompany any new rule. This Act is intended to reduce these burdens by requiring agencies not only to analyze the information collection and reporting costs they are imposing on the private sector, but to use those analyses to minimize the cost. Therefore, it is our practice to specify when the reports are required, and also to identify when a service bulletin contains a report that is not a requirement of the AD.
We have not changed the AD in this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Clarification of Service Bulletin Dates
Revision 01 of Airbus Service Bulletins A300-53-6136, A300-53-0363, and A310-53-2114, refer to the original issues of those service bulletins as being dated November 1, 2004. However, the date printed on the original issue of those service bulletins is October 27, 2004. We have changed the referenced dates for these service bulletins to October 27, 2004.
Interim Action
This AD is considered to be interim action. The reports that are required by this AD will enable the manufacturer to obtain better insight into the nature, cause, and extent of the corrosion, and eventually to develop final action to address the unsafe condition. Once final action has been identified, we may consider further rulemaking.
Costs of Compliance
This AD affects about 190 airplanes of U.S. registry. The new actions take about 10 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the new actions specified in this AD for U.S. operators is $123,500, or $650 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 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) Is not a "significant rule" under 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 AD and placed it in the AD docket. 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, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by removing amendment 39-10763 (63 FR 49656, September 17, 1998) and by adding the following new airworthiness directive (AD):