[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Proposed Rules]
[Pages 22075-22078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09743]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 /
Proposed Rules
[[Page 22075]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0318; Product Identifier 2019-NM-015-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 all
Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series
airplanes. This proposed AD was prompted by an analysis conducted on
Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series
airplanes that identified structural areas that are susceptible to
widespread fatigue damage (WFD). This proposed AD would require
reinforcement modifications of various structural parts of the
fuselage, and applicable related investigative and corrective actions
if necessary, 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 July 1, 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 material identified in this proposed AD that will be
incorporated by reference (IBR), 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-
0318; 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 listed above. 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-2019-0318;
Product Identifier 2019-NM-015-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 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
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that design
approval holders (DAHs) establish a limit of validity (LOV) of the
engineering data that support the structural maintenance program.
Operators affected by the WFD rule may not fly an airplane beyond its
LOV, unless an extended LOV is approved.
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
[[Page 22076]]
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0276R1, dated January 11, 2019;
corrected January 15, 2019 (``EASA AD 2018-0276R1'') (also referred to
as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for all Airbus SAS Model A330-
200 Freighter, A330-200, and A330-300 series airplanes. The MCAI
states:
An analysis conducted on [Airbus SAS] A330 aeroplanes identified
structural areas which are susceptible to widespread fatigue damage
(WFD).
This condition, if not corrected, could lead to crack initiation
and undetected propagation, reducing the structural integrity of the
aeroplane, possibly resulting in rapid depressurisation and
consequent injury to occupants.
To address this potential unsafe condition, Airbus developed a
number of modifications (Mod) and published associated Service
Bulletins (SB) for embodiment in service, to provide instructions to
reinforce the various structural parts of the fuselage.
Consequently, EASA issued AD 2016-0207 to require accomplishment of
these modifications and reinforcements. Since that [EASA] AD was
issued, Airbus developed new Mods for A330-223F and A330-243F
aeroplanes and issued associated SBs accordingly. In addition, for
certain required modifications, upper thresholds in flight hours
(FH) have been defined and the Applicability of some required
actions was redefined to certain aeroplane configurations.
For the reasons described above, EASA issued AD 2018-0276,
retaining the requirements of EASA AD 2016-0207, which was
superseded, requiring new actions [modifications] for A330-200F
aeroplanes, introducing references to the related Airbus SBs, and
amending some compliance times (see Table 3--Applicability of this
AD). Since that [EASA] AD was issued, prompted by operator comments,
it was determined that there was need to clarify the compliance time
for aeroplanes that, for Action 9, were modified by using a previous
revision of Airbus SB A330-53-3238. Consequently, this [EASA] AD is
revised, introducing paragraph (6) to clarify this specific
scenario. In addition, Note 2 of this [EASA] AD is corrected to
clarify that the instructions of each SB are applicable for certain
configurations, not limited to those MSN [manufacturer serial
number] listed in the Effectivity of the SB.
This revised [EASA] AD is republished to correct an error in one
of the compliance times for Action 14.
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus SAS Model A330-
200 Freighter, A330-200, and A330-300 series airplanes. The NPRM
published in the Federal Register on September 19, 2017 (82 FR 43715).
The NPRM was prompted by an evaluation by the DAH indicating that
certain fuselage structures are subject to WFD. The NPRM proposed to
require reinforcement modifications of various structural parts of the
fuselage, and related investigative and corrective actions if
necessary. Since we issued the NPRM, Airbus SAS developed new
modifications for Model A330-200 Freighter series airplanes and issued
associated service information. In addition, for certain required
modifications, upper thresholds in flight hours have been defined and
the applicability of certain required actions was redefined to certain
airplane configurations. In light of these changes, we have withdrawn
the NPRM published on September 19, 2017 and have issued this NPRM for
public comment.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0276R1 describes procedures for reinforcement
modifications of various structural parts of the fuselage, and
applicable related investigative and corrective actions if necessary.
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 2018-0276R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under ``Differences
Between this Proposed AD and the MCAI.''
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 2018-0276R1 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0276R1, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2018-0276R1 that is required
for compliance with EASA AD 2018-0276R1 will be available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0318 after the FAA final rule is published.
Differences Between This Proposed AD and the MCAI
The MCAI provides lower-limit thresholds for accomplishment of
certain actions. This proposed AD would additionally require obtaining
instructions for further actions for airplanes already modified before
the specified lower threshold is reached.
The compliance times for the modifications specified in this
proposed AD for addressing WFD were established to ensure that
discrepant structure is replaced before WFD develops in airplanes.
Standard inspection techniques cannot be relied on to detect WFD before
it becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.
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:
[[Page 22077]]
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 413 work-hours x $85 per Up to $125,190....... Up to $160,295...... Up to $16,670,680.
hour = $35,105.
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We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
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 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-2019-0318; Product Identifier 2019-NM-
015-AD.
(a) Comments Due Date
We must receive comments by July 1, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all airplanes identified in paragraphs (c)(1)
through (c)(3) of this AD, certificated in any category, all
manufacturer serial numbers.
(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.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by an analysis conducted on Airbus SAS
Model A330-200 Freighter, -200, and -300 series airplanes that
identified structural areas that are susceptible to widespread
fatigue damage (WFD). We are issuing this AD to address this
condition, which, if not corrected, could lead to crack initiation
and undetected propagation, reducing the structural integrity of the
airplane, possibly resulting in rapid depressurization and
consequent injury to occupants.
(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 2018-0276R1, dated January 11, 2019;
corrected January 15, 2019 (``EASA AD 2018-0276R1'').
(h) Exceptions to EASA AD 2018-0276R1
(1) The ``Remarks'' section of EASA AD 2018-0276R1 does not
apply to this AD.
(2) Where paragraph (1) of EASA AD 2018-0276R1 specifies to
modify the airplane in accordance with each applicable service
bulletin as specified in Appendix 1 of EASA AD 2018-0276R1, this AD
also requires the accomplishment of all applicable related
investigative and corrective actions before further flight in
accordance with each applicable service bulletin as specified in
Appendix 1 of EASA AD 2018-0276R1.
(3) For airplanes already modified before the threshold
specified in Table 2 of Appendix 1 of EASA AD 2018-0276R1 is
reached, within 6 months after the effective date of this AD, obtain
instructions for additional maintenance tasks (e.g., modifications/
inspections) from and approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA); and accomplish those tasks within the compliance time
specified therein.
(i) No Reporting Requirement
Although certain service information referenced in EASA AD 2018-
0276R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(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
[[Page 22078]]
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]. 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 2018-0276R1 that contains RC procedures and
tests: Except as required by paragraphs (h)(3) and (j)(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.
(k) Related Information
(1) For information about EASA AD 2018-0276R1, contact 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 2018-0276R1 may be found in the AD docket on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0318.
(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.
Issued in Des Moines, Washington, on April 25, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09743 Filed 5-15-19; 8:45 am]
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