[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Rules and Regulations]
[Pages 5297-5299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02352]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / 
Rules and Regulations  

[[Page 5297]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0069; Product Identifier 2013-NM-090-AD; Amendment 
39-19181; AD 2018-03-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2005-19-28, 
which applied to certain Airbus Model A330-301, -321, -322, -341, and -
342 airplanes; and Model A340-200 and A340-300 series airplanes. AD 
2005-19-28 required repetitive inspections for cracks in the aft face 
of the rear spar at the area adjacent to the bolt holes and the end of 
the build slot, and repair if necessary. AD 2005-19-28 also provided an 
optional terminating action for the repetitive inspections. This new AD 
was prompted by the results of a new fatigue and damage tolerance 
assessment, which determined that several compliance thresholds and 
intervals needed to be reduced. This AD requires contacting the FAA to 
obtain instructions for addressing the unsafe condition on these 
products, and doing the actions specified in those instructions. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective February 22, 2018.
    We must receive comments on this AD by March 26, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0069; 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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1138; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    As described in FAA Advisory Circular 120-104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs 
have been developed to support initiatives that will ensure the 
continued airworthiness of aging airplane structure. The last element 
of those initiatives is the requirement to establish a limit of 
validity (LOV) of the engineering data that support the structural 
maintenance program under 14 CFR 26.21. This AD is the result of an 
assessment of the previously established programs by the design 
approval holder (DAH) during the process of establishing the LOV for 
the affected airplanes. The actions specified in this AD are necessary 
to complete certain programs to ensure the continued airworthiness of 
aging airplane structure and to support an airplane reaching its LOV.
    We issued AD 2005-19-28, Amendment 39-14293 (70 FR 57493, October 
3, 2005) (``AD 2005-19-28''), which applied to certain Airbus Model 
A330-301, -321, -322, -341, and -342 airplanes; and Model A340-200 and 
A340-300 series airplanes. AD 2005-19-28 was prompted by a report that, 
during fatigue tests of the wing, cracks were found in the vertical web 
of the rear spar between ribs 1 and 2 having initiated at the build 
slot. AD 2005-19-28 required repetitive inspections for cracks in the 
aft face of the rear spar at the area adjacent to the bolt holes and 
the end of the build slot, and repair if necessary. AD 2005-19-28 also 
provided an optional terminating action for the repetitive inspections. 
We issued AD 2005-19-28 to detect and correct fatigue cracking in the 
vertical web of the wing rear spar, which could result in reduced 
structural integrity of the wing.
    Since we issued AD 2005-19-28, a new fatigue and damage tolerance 
assessment was done, taking into account airplane utilization and 
widespread fatigue damage analysis. This analysis led to the 
determination that several compliance thresholds and intervals needed 
to be reduced. We have also determined that the unsafe condition is not 
applicable to Airbus Model A330-341 airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2013-0101, dated April 30, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus Model A330-301, -321, -
322, and -342 airplanes; and Model A340-200 and A340-300 series 
airplanes. The MCAI states:

    During wing fatigue test, a crack was detected which propagated 
from the tip of the build slot in the vertical web of the wing inner 
rear spar between rib 1 and 2.
    This condition, if not detected and corrected, could lead to 
reduced structural integrity of the wing.
    To address this potentially unsafe condition, [Direction 
G[eacute]n[eacute]rale de l'Aviation Civile] DGAC France issued AD 
2001-268(B)R1 and AD 2001-269(B) [which correspond to FAA AD 2005-
19-28] to

[[Page 5298]]

require repetitive High Frequency Eddy Current (HFEC) inspections of 
the aft face of the inner rear spar web in the area adjacent to the 
outboard end of the build slot and, depending of findings, repair of 
the inner rear spar web.
    Since these [DGAC France] ADs were issued, in the frame of a new 
fatigue and damage tolerance evaluation, taking into account 
aeroplane utilization and Widespread Fatigue Damage (WFD) analysis, 
the thresholds and intervals of the affected inspections have been 
reassessed. This reassessment led to the amendment of several 
thresholds and to the reduction of inspection intervals to allow 
timely detection of cracks and to the accomplishment of applicable 
corrective actions. EASA issued AD 2013-0092, which retained the 
requirements of DGAC France AD 2001-268(B)R1 and AD 2001-269(B), 
which were superseded, but required those actions within the new 
thresholds and intervals.
    Since issuance of EASA AD 2013-0092, it has been discovered that 
certain A330 aeroplanes, incorporating another modification in 
production, must be excluded from the Applicability. In addition, it 
has been found necessary to clarify that for the initial inspection, 
the previous thresholds (to be counted from aeroplane first flight) 
or intervals, as required by [DGAC France] AD 2001-268(B)R1 and 
[DGAC France] AD 2001-269(B), cannot be exceeded.
    For the reasons described above, this [EASA] AD partially 
retains the requirements of EASA AD 2013-0092, which is superseded, 
and introduces the changes as outlined above.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0069.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI. We are 
issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of these same type designs.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good cause that notice and opportunity for prior public comment 
are unnecessary. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0069; Product 
Identifier 2013-NM-090-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD, we are 
providing the following cost estimates for an affected airplane that is 
placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                      Labor cost           Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
HFEC inspection [retained action  4 work-hours x $85 per                $0  $340 per inspection cycle.
 from AD 2005-19-28 with reduced   hour = $340 per
 threshold and intervals].         inspection cycle.
Modification [retained action     153 work-hours x $85 per               0  $13,005.
 from AD 2005-19-28].              hour = $13,005.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
repairs that would be required based on the results of the required 
actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
              Action                        Labor cost                     Parts cost                 product
----------------------------------------------------------------------------------------------------------------
Repair [retained action from AD     85 work-hours x $85 per     Unavailable.....................          $7,225
 2005-19-28].                        hour = $7,225.
----------------------------------------------------------------------------------------------------------------

    We acknowledge that since the above actions are retained from AD 
2005-19-28, but with reduced threshold and intervals, operators would 
essentially revise their maintenance or inspection program, as 
applicable, to incorporate the reduced threshold and intervals. We 
estimate the revision to an operator's maintenance and inspection 
program would take approximately 1 work-hour x $85 per 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.
    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

[[Page 5299]]

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 to 
the Director of the System Oversight Division.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 removing airworthiness directive (AD) 
2005-19-28, Amendment 39-14293 (70 FR 57493, October 3, 2005), and 
adding the following new AD:

2018-03-08 Airbus: Amendment 39-19181; Docket No. FAA-2018-0069; 
Product Identifier 2013-NM-090-AD.

(a) Effective Date

    This AD becomes effective February 22, 2018.

(b) Affected ADs

    This AD replaces AD 2005-19-28, Amendment 39-14293 (70 FR 57493, 
October 3, 2005) (``AD 2005-19-28'').

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Model A330-301, -321, -322, and -342 airplanes, all 
manufacturers serial numbers, except those on which Airbus 
modification 42547 or 44599 has been embodied in production.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes, 
all manufacturer serial numbers, except those on which Airbus 
modification 42547 or 41300 has been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report that, during fatigue tests of 
the wing, cracks were found in the vertical web of the rear spar 
between ribs 1 and 2 having initiated at the build slot, and a 
determination that several compliance thresholds and intervals need 
to be reduced. We are issuing this AD to detect and correct fatigue 
cracking in the vertical web of the wing rear spar, which could 
result in reduced structural integrity of the wing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the action(s) at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2013-0101, dated 
April 30, 2013.

(h) 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 (i)(2) of this AD. 
Information may be emailed to: [email protected]. 
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.

(i) Related Information

    (1) Refer to MCAI EASA AD 2013-0101, dated April 30, 2013, for 
related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0069.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; 
telephone 425-227-1138; fax 425-227-1149.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 26, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-02352 Filed 2-6-18; 8:45 am]
 BILLING CODE 4910-13-P