[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20057-20060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09442]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0320; Product Identifier 2019-NM-017-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 Freighter, -200 and -300 series 
airplanes; and certain Airbus SAS Model A340-200, -300, -500, and -600 
series airplanes. This proposed AD was prompted by a determination that 
certain wing slat tracks that were inadvertently indicated as eligible 
for installation on all Model A330 and A340 series airplanes are unable 
to sustain the ultimate loads relative to the weight variant of certain 
airplane configurations. This proposed AD would require inspecting any 
affected part for cracking, and replacing with a serviceable part, as 
specified in an European Aviation Safety Agency (EASA) AD, which will 
be incorporated by reference. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 24, 2019.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the incorporation by reference (IBR) material described in the 
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email [email protected]; 
internet www.easa.europa.eu. You may find this IBR material on the EASA 
website at https://ad.easa.europa.eu. You may view this IBR material 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. It is also available in the AD docket on the 
internet at http://www.regulations.gov.

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-2019-
0320; 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 (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, 2200 South 
216th St, Des Moines, WA 98198; telephone 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-2019-0320; 
Product Identifier 2019-NM-017-AD'' at the beginning of your comments. 
We specifically invite

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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 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 NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0026, dated February 4, 2019 
(``EASA AD 2019-0026'') (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, -200 and -
300 series airplanes; and certain Airbus SAS Model A340-200, -300, -
500, and -600 series airplanes. The MCAI states:

    It was recently determined that, since June 2010, the affected 
parts were inadvertently indicated as eligible for installation on 
all A330 and A340 aeroplanes in the applicable Illustrated Part 
Catalogue (IPC), although in fact, those parts are not valid for 
some aeroplane configurations (weight variants), because they are 
unable to sustain ultimate load. Investigation demonstrated that 
affected parts were never delivered as spare part. However, it 
cannot be excluded that an affected part was removed in-service from 
an aeroplane and installed on another.
    This condition, if not detected and corrected, could lead to 
slat detachment in flight, possibly resulting in reduced control of 
the aeroplane.
    To address this potential unsafe condition, Airbus published the 
applicable SB [service bulletin] to provide instructions to identify 
affected parts, and instructions to inspect [for cracking of] those 
affected parts found installed.
    For the reasons described above, this [EASA] AD requires a one-
time detailed (DET) and special detailed inspection (SDI) of the aft 
lug of each affected part and replacement of each affected part. 
This [EASA] AD also prohibits installation of affected parts.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0026 describes procedures for one-time detailed and 
special detailed (high frequency eddy current) inspections for cracking 
of the aft lug of each affected wing slat track (including an 
inspection to first determine if an affected part is installed), and 
replacing any affected part with a serviceable part. This material 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, and it is publicly available through the EASA 
website.

FAA's Determination and Requirements of This Proposed 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 referenced 
above. We are proposing this AD because we evaluated all pertinent 
information and determined an unsafe condition exists and is likely to 
exist or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0026 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2019-0026 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0026, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2019-0026 that is required for 
compliance with EASA AD 2019-0026 will be available on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0320 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 104 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour = $595...........................              $0             $595          $61,880
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    We estimate the following costs to do any necessary on-condition 
action that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
8 work-hours x $85 per hour = $680....              $0             $680
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage for 
affected individuals. As a result, we have included all known costs in 
our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I,

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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 and associated appliances 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-2019-0320; Product Identifier 2019-NM-
017-AD.

(a) Comments Due Date

    We must receive comments by June 24, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), (c)(3), (c)(4), (c)(5), and (c)(6) of this AD, 
certificated in any category, as identified in European Aviation 
Safety Agency (EASA) AD 2019-0026, dated February 4, 2019 (``EASA AD 
2019-0026'').
    (1) Airbus SAS Model A330-223F and -243F airplanes.
    (2) Airbus SAS Model A330-201, -202, -203, -223, and -243 
airplanes.
    (3) Airbus SAS Model A330-301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes.
    (4) Airbus SAS Model A340-211, -212, and -213 airplanes.
    (5) Airbus SAS Model A340-311, -312, and -313 airplanes.
    (6) Airbus SAS Model A340-541 and -642 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that certain wing slat 
tracks that had been inadvertently indicated as eligible for 
installation on all Model A330 and A340 series airplanes are unable 
to sustain the ultimate loads relative to the weight variant of 
certain airplane configurations. We are issuing this AD to address 
installation of affected parts, which could result in slat 
detachment in flight and consequent reduced control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2019-0026.

(h) Exceptions to EASA AD 2019-0026

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0026 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0026 does not apply 
to this AD.

(i) 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 (j)(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 instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2019-0026 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2019-0026, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019-0026 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0320.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace

[[Page 20060]]

Engineer, International Section, Transport Standards Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax: 206-
231-3229.


    Issued in Des Moines, Washington, on May 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-09442 Filed 5-7-19; 8:45 am]
 BILLING CODE 4910-13-P