Airworthiness Directives:

As Enacted ( Federal Register)

Cited authorities 3

Cited in

Federal Register: August 13, 2010 (Volume 75, Number 156)

Rules and Regulations

Page 49370-49375

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr13au10-6

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 39

Docket No. FAA-2010-0281; Directorate Identifier 2009-NM-184-AD;

Amendment 39-16390; AD 2010-16-13

RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and

F4-600R Series Airplanes, and Model C4-605R Variant F airplanes

(Collectively Called A300-600 series airplanes); and A310 Series

Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Surface defects were visually detected on the rudder of an

Airbus

A319 and an A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were the result of de-bonding between the skin and honeycomb core. Such reworks were also performed on some rudders fitted on A310 and A300-600 aeroplanes.

An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.

* * * * *

We are issuing this AD to require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective September 17, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 17, 2010.

ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,

Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,

International Branch, ANM-116, Transport Airplane Directorate, FAA,

Page 49371

1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products.

That NPRM was published in the Federal Register on April 2, 2010 (75 FR 16685). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

Surface defects were visually detected on the rudder of an

Airbus

To address this unsafe condition [this EASA AD] requires inspections of specific areas and, depending on findings, the application of corrective actions for those rudders where production reworks have been identified.

This * * * [EASA] AD * * * [also] requires for the vacuum loss hole restoration:

--A local ultrasonic inspection for reinforced area instead of the local thermographic inspection, which is maintained for non- reinforced areas, and

--additional work performance for rudders on which this thermographic inspection has been performed in the reinforced area.

The inspections include vacuum loss inspections and elasticity laminate checker inspections for defects including de-bonding between the skin and honeycomb core of the rudder, and ultrasonic inspections for rudders on which temporary restoration with resin or permanent vacuum loss hole restoration has been performed. The corrective action is contacting the manufacturer for repair instructions and doing the repair. We are considering similar rulemaking action on Model A319 and

A321 airplanes. You may obtain further information by examining the

MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing this AD. We considered the comments received. FedEx comments that the proposed compliance times fit within their planned scheduled maintenance check.

Request for Clarification Regarding the Requirement To Contact Airbus for New Instructions for Rudders Installed on Other Airplanes

American Airlines requests clarification concerning the requirement to contact Airbus for new instructions if rudders are installed on other airplanes. American Airlines states that the NPRM identifies rudders by rudder serial number only and does not require verification of airplane serial number; however, Airbus All Operators Telexes (AOT)

A310-55A2048 and A300-55A6047, both Revision 02, both dated October 12, 2009, request contacting Airbus for additional instructions for an affected rudder if the data in Table 1 of the referenced Technical

Disposition TD/K4/S1/27583/2009, Issue E, does not match the airplane.

American Airlines states that since the rudder is a removable structural component, it may be moved to a new airplane. American

Airlines states that since inspections are required only on the rudder, they agree with the NPRM to not include the airplane serial numbers in

Table 1 of the NPRM as there is no value in obtaining new instructions simply because the rudder has been installed on a different airplane.

We agree that clarification is needed to explain the requirement described previously. In the NPRM, we referred to the Airbus AOTs for accomplishment of the inspections. We have added notes to paragraphs

(g) and (h) of this AD to state that verification of the airplane serial numbers is not required.

Request To Change Compliance Time

American Airlines requests that the compliance time for the initial inspections (specified in the NPRM as ``within 8 months of the effective date of the AD'') be revised to represent 8 months in-service time. American Airlines' fleet of Model A300-600 series airplanes has been retired from active service and is in long-term storage. American

Airlines states that previous investigations of the Model A300-600/A310 series airplanes rudders suggest that disbonding damage grows under vacuum air-ground cycling and that a previous study on a Model A310 airplane had shown no reduction in stiffness due to age. American

Airlines suggests that it is unlikely that additional disbonding or degradation will occur on the affected rudders in storage, therefore requests that the compliance time represent 8 months in-service time.

American Airlines states that this will allow for more efficient planning and will relieve the burden of obtaining special flight permits to move re-activated airplanes to facilities where the inspections are to be performed.

We agree to revise the proposed compliance time for the reason stated by the commenter. We have added a compliance time of within 840 flight hours after the effective date of this AD to paragraphs (g)(1),

(g)(2), (g)(4), (g)(6), (h)(1), (h)(2), (h)(4), and (h)(6) of this AD.

We have determined that 840 flight hours represents approximately 8 months given average utilization.

Request To Include Costs of Special Equipment

American Airlines requests that the cost of the elasticity laminate checker and the vacuum loss inspection equipment be included in the proposed cost estimate. American Airlines considers the equipment for both inspections to be special tooling and the inspection methods to be of limited application.

We agree that the cost of this special equipment should be included in the cost estimate specified in this AD. The Cost Estimate section of the final rule has been changed accordingly.

Request To Remove Reporting Requirement for Negative Responses

American Airlines requests that the reporting requirement for a negative response be removed from the NPRM. American Airlines states that Airbus All Operators Telexes A310-55A2048 and A300-55A6047, both

Revision 02, both dated October 12, 2009, request reporting both positive and negative findings. American Airlines states that reporting negative findings has no effect on airplane safety and merely adds administrative burden to the operator, which could create compliance issues due to delays in the processing of paperwork.

We agree that negative responses need not be reported. We have removed the requirement to report if no defects are found from this AD

(paragraphs (g)(11) and (h)(11) of the NPRM specified reporting if no defects are found).

Change to Cost of Compliance

We have revised the Costs of Compliance section of this AD. The work-hour estimate has been changed from 4 work-hours to 12 work-hours to match the work-hours specified in the service information, which increases the costs accordingly.

Conclusion

We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously.

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We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the

AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD.

Costs of Compliance

We estimate that this AD will affect 194 products of U.S. registry.

We also estimate that it will take about 12 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Tooling costs for each operator will cost about

$24,602. There are three affected US operators. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $197,880, or $1,020 per product, plus the tooling costs of $24,602 for each operator.

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 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 this AD: 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); 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.

Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the

ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment 0

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 AD: 2010-16-13 Airbus: Amendment 39-16390. Docket No. FAA-2010-0281;

Directorate Identifier 2009-NM-184-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective

September 17, 2010.

Affected ADs

(b) None.

Applicability

B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F airplanes; and Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes; certificated in any category; equipped with carbon fiber reinforced plastic rudders having part numbers and serial numbers listed in Table 1 of this AD.

Table 1--Rudder Information

Affected

Rudder part No.

rudder Serial Core density

No.

24kg/m\3\

A554-71500-016-91.......................

HF-1017

Yes.

A554-71500-016-91.......................

HF-1020

No.

A554-71500-016-91.......................

HF-1059

No.

A554-71500-016-91.......................

HF-1061

No.

A554-71500-016-91.......................

HF-1064

No.

A554-71500-014-00.......................

HF-1087

Yes.

A554-71500-014-00.......................

HF-1119

Yes.

A554-71500-016-00.......................

HF-1189

Yes.

A554-71500-016-00.......................

HF-1203

Yes.

A554-71500-016-00.......................

HF-1266

Yes.

A554-71500-026-00.......................

TS-1405

No.