[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Rules and Regulations]
[Pages 64725-64728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25475]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0483; Product Identifier 2019-NM-053 AD; Amendment
39-19795; AD 2019-23-02]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200 Freighter, A330-200, and A330-300
series airplanes. This AD was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. This AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective December 30, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 30,
2019.
ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com. You may view this service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For
[[Page 64726]]
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0483.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0483; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229.
SUPPLEMENTARY INFORMATION:
Discussion
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0059, dated March 20, 2019 (``EASA AD 2019-0059'') (also
referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus SAS
Model A330-200 Freighter, A330-200, and A330-300 series airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A330-200 Freighter, A330-200, and A330-300 series airplanes. The
NPRM published in the Federal Register on June 24, 2019 (84 FR 29429).
The NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations.
The FAA is issuing this AD to address fatigue cracking, accidental
damage, and corrosion in principal structural elements; such fatigue
cracking, accidental damage, and corrosion could result in reduced
structural integrity of the airplane. See the MCAI for additional
background information.
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.
Support for the NPRM
Delta Air Lines (DAL) stated its support for the NPRM.
Request To Include Information for Reporting
DAL requested that the proposed AD include the address where
inspection findings report should be sent and the time frame within
which the report should be submitted. The commenter recommended that
the proposed AD include a paragraph stating that all crack findings
identified during the inspection tasks included in Airbus A330
Airworthiness Limitations Section (ALS) Part 2, Damage Tolerant
Airworthiness Limitation Items (DT-ALI), Revision 03, dated October 15,
2018 (``Airbus A330 ALS Part 2, DT-ALI, Revision 03''), as supplemented
by Airbus A330 ALS Part 2, DT-ALI, Variation 3.1, dated January 18,
2019, along with the corrective actions, be reported to Airbus via the
Airbus Tech Request system within 30 days after the visit.
The commenter justified its request by explaining that paragraph 6.
``Reporting,'' of Section 1. of Airbus A330 ALS Part 2, DT-ALI,
Revision 03, specifies reporting. The commenter explained that the
philosophy behind the fatigue related inspections is that the areas
being inspected are places where cracking might be found in the future,
and if cracking is found in these areas the associated inspection task
would be removed from Airbus A330 ALS Part 2, DT-ALI, Revision 03, and
included in a service bulletin and an associated AD would be issued.
The commenter concluded that the reporting in paragraph 6.
``Reporting,'' of Section 1. of Airbus A330 ALS Part 2, DT-ALI,
Revision 03, is an important part of this process. Furthermore, the
commenter stated that they could not locate information regarding where
to submit reports and the timeframe for reporting.
The FAA would like to clarify the intent of the referenced damage-
tolerant task in Airbus A330 ALS Part 2, DT-ALI, Revision 03, as
supplemented by Airbus A330 ALS Part 2, DT-ALI, Variation 3.1, dated
January 18, 2019. Unlike airplanes that follow a Supplemental
Structural Inspection Program that requires reporting (those with an
older certification basis that does not include damage tolerance
criteria), the airplanes specified in paragraph (c) of this AD comply
with 14 CFR 25.571 damage tolerance criteria. Section 25.571 requires
applicants to evaluate all structures that could contribute to
catastrophic failure of the airplane with respect to its susceptibility
to fatigue cracking, corrosion, and accidental damage. Applicants must
establish inspections or other procedures (also referred to as
maintenance actions) as necessary to avoid catastrophic failure during
the operational life of the airplane based on the results of these
evaluations. It is intended that all maintenance actions required to
address fatigue cracking, corrosion, and accidental damage are
identified in the structural-maintenance program. All inspections and
other procedures (e.g., modification times, replacement times) that are
necessary to prevent a catastrophic failure due to fatigue are included
in the ALS of the Instructions for Continued Airworthiness (ICA), as
required by 14 CFR 25.1529. Therefore, reporting is not required by
this AD.
FAA Advisory Circular 25.571-1D provides guidance for compliance
with the provisions of 14 CFR 25.571, pertaining to the requirements
for damage-tolerance and fatigue evaluation of transport category
aircraft structure, and may be referenced for further information.
While airplane manufacturers may benefit from receiving information
from the outcome of the ALI inspections, the EASA did not make
reporting a requirement in EASA AD 2019-0059. The FAA concurs with the
EASA, and therefore, this AD does not include a reporting requirement.
However, operators may report the findings, as an option, to Airbus as
specified in paragraph 6., ``Reporting,'' of Section 1. of Airbus A330
ALS Part 2, DT-ALI, Revision 03, that indicates reports should be sent
to [email protected]. This AD has not been changed in this
regard.
Change to Certification Date in the Applicability
In paragraph (c) of the proposed AD, the FAA specified that certain
airplanes with an original airworthiness certificate or original export
certificate of airworthiness issued on or before ``October 15, 2018''
are affected. However, since this AD requires revising the existing
maintenance or inspection program to incorporate the information
specified in Airbus A330 ALS Part 2, DT-ALI, Revision 03, as
supplemented by Airbus A330 ALS Part 2, DT-ALI, Variation 3.1, dated
January
[[Page 64727]]
18, 2019, the FAA changed the date in paragraph (c) of this AD to
``January 18, 2019.'' No U.S. operators are affected by this change.
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 with the change described previously
and minor editorial changes. The FAA 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 Service Information Under 1 CFR Part 51
Airbus has issued A330 Airworthiness Limitations Section (ALS) Part
2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision
03, dated October 15, 2018, as supplemented by Airbus A330 ALS Part 2,
DT-ALI, Variation 3.1, dated January 18, 2019. This service information
describes mandatory maintenance tasks that operators must perform at
specified intervals. This service information also describes
airworthiness limitations for certification maintenance requirements
applicable to the DT-ALI. 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.
Costs of Compliance
The FAA estimates that this AD affects 107 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 workhours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action
takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the agency
has determined that a per-operator estimate is more accurate than a
per-airplane estimate. Therefore, the agency estimates the total cost
per operator to be $7,650 (90 work-hours x $85 per work-hour).
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.
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
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):
2019-23-02 Airbus SAS: Amendment 39-19795; Docket No. FAA-2019-0483;
Product Identifier 2019-NM-053-AD.
(a) Effective Date
This AD is effective December 30, 2019.
(b) Affected ADs
This AD affects AD 2017-19-13, Amendment 39-19043 (82 FR 43837,
September 20, 2017) (``AD 2017-19-13''); and AD 2018-24-04,
Amendment 39-19508 (83 FR 60756, November 27, 2018) (``AD 2018-24-
04'').
(c) Applicability
This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before January 18,
2019.
(1) Model A330-223F and -243F airplanes.
(2) Model A330-201, -202, -203, -223, and -243 airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, and
corrosion in principal structural elements; such fatigue cracking,
accidental damage, and corrosion could result in reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A330 Airworthiness
Limitations
[[Page 64728]]
Section (ALS) Part 2, Damage Tolerant Airworthiness Limitation Items
(DT-ALI), Revision 03, dated October 15, 2018 (``Airbus A330 ALS
Part 2, DT-ALI, Revision 03''), as supplemented by Airbus A330 ALS
Part 2, DT-ALI, Variation 3.1, dated January 18, 2019. The initial
compliance time for doing the tasks is at the time specified in
Airbus A330 ALS Part 2, DT-ALI, Revision 03, including Airbus A330
ALS Part 2, DT-ALI, Variation 3.1, dated January 18, 2019; or within
90 days after the effective date of this AD; whichever occurs later.
This AD does not require Section 4, ``Damage Tolerant-Airworthiness
Limitations Items-Tasks Beyond MPPT,'' of Airbus A330 ALS Part 2,
DT-ALI, Revision 03.
(h) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2017-19-13 and AD 2018-24-04
Accomplishing the actions required by this AD terminates all
requirements of AD 2017-19-13 and AD 2018-24-04.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, 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 Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected].
(i) 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.
(ii) The AMOC specified in letter AIR-676-19-120, dated March 5,
2019, approved previously for AD 2018-24-04, is approved as an AMOC
for the corresponding provisions of this AD for Model A330-300
series airplanes modified from a passenger to freighter
configuration under the provisions of FAA Supplemental Type
Certificate ST04038NY.
(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
Section, Transport Standards Branch, FAA; or the European Union
Aviation Safety Agency (EASA); or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0059, dated March 20, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0483.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3229.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Airbus A330 Airworthiness Limitations Section (ALS) Part 2,
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision
03, dated October 15, 2018.
(ii) Airbus A330 Airworthiness Limitations Section (ALS) Part 2,
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Variation
3.1, dated January 18, 2019.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-25475 Filed 11-22-19; 8:45 am]
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