[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Proposed Rules]
[Pages 44510-44514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18814]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0788; Product Identifier 2018-NM-004-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200, -200F, and -300 series airplanes.
This proposed AD was prompted by a revision of the airworthiness
limitations section (ALS), which provides new and more restrictive
maintenance requirements and airworthiness limitations for airplane
structures and systems. This proposed AD would require revising the
maintenance or inspection program to incorporate new maintenance
requirements and airworthiness limitations. We are proposing this AD to
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by October 15,
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.
[[Page 44511]]
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; phone: +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
information on the availability of this material at the FAA, call 206-
231-3195.
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-
0788; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 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, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0788;
Product Identifier 2018-NM-004-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of 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 NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0228, dated November 21, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A330 and A340
series airplanes. The MCAI states:
The airworthiness limitations are currently defined and
published in the Airbus A330 and A340 Airworthiness Limitations
Section (ALS) documents. The airworthiness limitations applicable to
the System Equipment Maintenance Requirements, which are approved by
EASA, are specified in Airbus A330 and A340 ALS Part 4. Failure to
comply with these instructions could result in an unsafe condition.
EASA issued AD 2016-0011 [which corresponds to FAA AD 2017-05-
10, Amendment 39-18821 (82 FR 13379, March 13, 2017) (``AD 2017-05-
10'')] to require the actions as specified in Airbus A330 and A340
ALS Part 4 at Revision 05 and Revision 04, respectively.
Since this [EASA] AD was issued, Airbus published Revision 06
and Revision 05, respectively, of Airbus A330 and A340 ALS Part 4,
which introduce new and more restrictive maintenance requirements
and/or airworthiness limitations.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0011, which is superseded, and requires
accomplishment of the actions specified in Airbus A330 ALS Part 4
Revision 06, or A340 ALS Part 4 Revision 05, as applicable.
The unsafe condition is reduced control of the airplane due to the
failure of system components.
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-2018-
0788.
Relationship Between Proposed AD and AD 2017-05-10
This NPRM would not propose to supersede AD 2017-05-10. Rather, we
have determined that a stand-alone AD would be more appropriate to
address the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program to incorporate new maintenance
requirements and airworthiness limitations. Accomplishment of the
proposed actions would then terminate all of the requirements of AD
2017-05-10.
Related Service Information Under 1 CFR Part 51
Airbus SAS has issued A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 06,
dated September 18, 2017. This service information describes
preventative maintenance requirements and associated airworthiness
limitations applicable to aircraft systems susceptible to aging
effects. 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.
FAA's Determination
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 and service
information referenced above. We are proposing this AD because we
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the maintenance or
inspection program to incorporate new maintenance requirements and
airworthiness limitations.
Differences Between This Proposed AD and the MCAI or Service
Information
EASA AD 2017-0228, dated November 21, 2017, specifies that if there
are findings from the ALS inspection tasks, corrective actions must be
accomplished in accordance with Airbus SAS maintenance documentation.
However, this proposed AD does not include that requirement. Operators
of U.S.-registered airplanes are required by general airworthiness and
operational regulations to perform maintenance using methods that are
acceptable to the FAA. We consider those methods to be adequate to
address any corrective actions necessitated by the findings of ALS
inspections required by this proposed AD.
This proposed AD does not include Model A340 series airplanes in
the Applicability. AD 2014-23-17, Amendment 39-18033 (79 FR 71304,
December 2, 2014), currently addresses the identified unsafe condition
for Model A340 series airplanes. We have also added EASA AD 2017-0228,
dated November 21, 2017, to the required airworthiness action list
(RAAL) for Model A340 series airplanes.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS
[[Page 44512]]
revision into an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a TC is issued for a type design, the specific ALS, including
revisions, is a part of that type design, as specified in 14 CFR
21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
This proposed AD therefore would apply to Airbus SAS airplanes
identified in paragraph (c) of this proposed AD with an original
certificate of airworthiness or original export certificate of
airworthiness that was issued on or before the date of the ALS revision
identified in this proposed AD. Operators of airplanes with an original
certificate of airworthiness or original export certificate of
airworthiness issued after that date must comply with the airworthiness
limitations specified as part of the approved type design and
referenced on the TC data sheet.
Costs of Compliance
We estimate that this proposed AD affects 104 airplanes of U.S.
registry.
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate 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.
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.
This proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
Airbus SAS: Docket No. FAA-2018-0788; Product Identifier 2018-NM-
004-AD.
(a) Comments Due Date
We must receive comments by October 15, 2018.
(b) Affected ADs
This AD affects AD 2017-05-10, Amendment 39-18821 (82 FR 13379,
March 13, 2017) (``AD 2017-05-10'').
(c) Applicability
This AD applies to Airbus SAS Model A330-201, A330-202, A330-
203, A330-223, A330-243, A330-223F, A330-243F, A330-301, A330-302,
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, and
A330-343 airplanes, certificated in any category, with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before September 18, 2017.
[[Page 44513]]
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a revision of the airworthiness
limitations section (ALS), which provides new and more restrictive
maintenance requirements and airworthiness limitations for airplane
structures and systems. We are issuing this AD to prevent reduced
airplane control due to the failure of system components.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance Program Revision
Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, by incorporating
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System
Equipment Maintenance Requirements (SEMR), Revision 06, dated
September 18, 2017. The initial compliance times for the actions
specified in Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017, are within the applicable compliance
times specified in Airbus A330 Airworthiness Limitations Section
(ALS) Part 4, System Equipment Maintenance Requirements (SEMR),
Revision 06, dated September 18, 2017, or within 90 days after the
effective date of this AD, whichever occurs later, except as
required by paragraph (h) of this AD.
(h) Exceptions to Initial Compliance Times
(1) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017, defines a calendar compliance time for
elevator servo-controls having part number (P/N) SC4800-2, SC4800-3,
SC4800-4, SC4800-6, SC4800-7, or SC4800-8 as ``August 31, 2004,''
the calendar compliance time is June 13, 2007 (34 months after
August 13, 2004 (the effective date of AD 2004-13-25, Amendment 39-
13707 (69 FR 41394, July 9, 2004))).
(2) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017, defines a calendar compliance time for
spoiler servo-controls (SSCs) having P/N 1386A0000-01, 1386B0000-01,
1387A0000-01, or 1387B0000-01 as ``December 31, 2003,'' the calendar
compliance time is November 19, 2005 (13 months after October 19,
2004 (the effective date of AD 2004-18-14, Amendment 39-13793 (69 FR
55326, September 14, 2004))).
(3) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017, defines a calendar compliance time for
elevator servo-controls having P/N SC4800-73, SC4800-93, SC4800-103,
and SC4800-113 as ``June 30, 2008,'' the calendar compliance time is
September 16, 2009 (17 months after April 16, 2008 (the effective
date of AD 2008-06-07, Amendment 39-15419 (73 FR 13103, March 12,
2008; corrected April 15, 2008 (73 FR 20367)))).
(4) The initial compliance time for replacement of the
retraction brackets of the main landing gear (MLG) having a part
number specified in paragraphs (h)(4)(i) through (h)(4)(xvi) of this
AD is before the accumulation of 19,800 total landings on the
affected retraction brackets of the MLG, or within 900 flight hours
after April 9, 2012 (the effective date of AD 2012-04-07, Amendment
39-16963 (77 FR 12989, March 5, 2012)), whichever occurs later.
(i) 201478303.
(ii) 201478304.
(iii) 201478305.
(iv) 201478306.
(v) 201478307.
(vi) 201478308.
(vii) 201428380.
(viii) 201428381.
(ix) 201428382.
(x) 201428383.
(xi) 201428384.
(xii) 201428385.
(xiii) 201428378.
(xiv) 201428379.
(xv) 201428351.
(xvi) 201428352.
(5) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017, defines a calendar compliance time for
the modification of SSCs on three hydraulic circuits having P/N
MZ4339390-01X, MZ4306000-01X, MZ4339390-02X, MZ4306000-02X,
MZ4339390-10X, or MZ4306000-10X as ``March 5, 2010,'' the calendar
compliance time is April 14, 2011 (18 months after October 14, 2009
(the effective date of AD 2009-18-20, Amendment 39-16017 (74 FR
46313, September 9, 2009) (``AD 2009-18-20''))).
(6) Where Note (17) of Sub-Part 1, ``Life Limits,'' of Section
3, ``Systems Life-Limited Components,'' of Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 06, dated September 18, 2017, defines
a calendar date of ``September 5, 2008,'' as a date for the
determination of accumulated flight cycles since the airplane's
initial entry into service, the date is October 14, 2009 (the
effective date of AD 2009-18-20).
(7) Where Note (17) of Sub-Part 1, ``Life Limits,'' of Section
3, ``Systems Life-Limited Components,'' of Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 06, dated September 18, 2017, defines
a calendar compliance time as ``March 5, 2010,'' for the
modification of affected servo controls, the calendar compliance
time is April 14, 2011 (18 months after October 14, 2009 (the
effective date of AD 2009-18-20)).
(i) No Alternative Actions or Intervals
After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k)(1) of this AD.
(j) Terminating Actions for the Requirements of AD 2017-05-10
Accomplishing the actions required by paragraph (g) of this AD
terminates all requirements of AD 2017-05-10.
(k) 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 (l)(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.
(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 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.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0228, dated November 21, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0788.
(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;
phone and fax: 206-231-3229.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; phone: +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 information on the availability of this
material at the FAA, call 206-231-3195.
[[Page 44514]]
Issued in Des Moines, Washington, on August 22, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18814 Filed 8-30-18; 8:45 am]
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