[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]
 BILLING CODE 4910-13-P