[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29429-29431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13333]
[[Page 29429]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0483; Product Identifier 2019-NM-053-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: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A330-200 Freighter, A330-200, and A330-300
series airplanes. This proposed AD was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by August 8, 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 service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +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-2019-
0483; 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 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
The FAA invites 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-2019-0483;
Product Identifier 2019-NM-053-AD'' at the beginning of your comments.
The agency specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM because of those comments.
The FAA will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. The agency 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
2019-0059, dated March 20, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for Airbus SAS Model A330-200 Freighter,
A330-200, and A330-300 series airplanes. The MCAI states:
The airworthiness limitations for Airbus A330 aeroplanes, which
are approved by EASA, are currently defined and published in the
A330 [Airworthiness Limitations Section] ALS document. The Damage
Tolerant Airworthiness Limitation Items (DT ALI) are specified in
the ALS Part 2. These instructions have been identified as mandatory
actions for continued airworthiness.
Failure to comply with these instructions could result in an
unsafe condition.
Previously, EASA issued AD 2018-0068 [which corresponds to FAA
AD 2018-24-04, Amendment 39-19508 (83 FR 60756, November 27, 2018)
(``AD 2018-24-04'')] for A330 aeroplanes to require accomplishment
of all maintenance tasks as described in ALS Part 2 Revision 02.
Since that [EASA] AD was issued, Airbus published Revision 03 of
the ALS Part 2 for A330 aeroplanes, including new and/or more
restrictive items.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2018-0068, which is superseded, and requires
accomplishment of the actions specified in the ALS.
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-2019-
0843.
Relationship Between Proposed AD and Other ADs
This NPRM does not propose to supersede AD 2018-24-04 or AD 2017-
19-13, Amendment 39-19043 (82 FR 43837, September 20, 2017) (``AD 2017-
19-13''). Rather, the FAA has determined that a stand-alone AD is more
appropriate to address the changes in the MCAI. This proposed AD would
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. Accomplishment of the proposed actions would then
terminate all requirements of AD 2018-24-04 and AD 2017-19-13.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A330 Airworthiness Limitations Section
(ALS) Part 2--Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Revision 03, dated October 15, 2018, as supplemented by Airbus A330
Airworthiness Limitations Section (ALS) Part 2--Damage Tolerant
Airworthiness Limitation Items (DT-ALI), Variation 3.1, dated January
18, 2019, which describes mandatory maintenance tasks that operators
must perform at specified intervals. This service information describes
airworthiness limitations for certification maintenance requirements
applicable to the DT-ALI. 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
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Design Authority, the FAA has been notified of the unsafe condition
described in the MCAI and service information referenced above. The FAA
is 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 existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD.
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI specifies that if there are findings from the
airworthiness limitations section (ALS) inspection tasks, corrective
actions must be accomplished in accordance with [Airbus] 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. The FAA
considers those methods to be adequate to address any corrective
actions necessitated by the findings of ALS inspections required by
this proposed AD.
Costs of Compliance
The FAA estimates that this proposed AD affects 107 airplanes of
U.S. registry. We estimate the following costs to comply with this
proposed AD:
The agency determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action
takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the agency
has determined that a per-operator estimate is more accurate than a
per-airplane estimate. Therefore, the agency estimates 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.
The FAA is 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
The FAA 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. Will not affect intrastate aviation in Alaska; and
3. 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-2019-0483; Product Identifier 2019-NM-
053-AD.
(a) Comments Due Date
We must receive comments by August 8, 2019.
(b) Affected ADs
This AD affects AD 2017-19-13, Amendment 39-19043 (82 FR 43837,
September 20, 2017) (``AD 2017-19-13'') and AD 2018-24-04, Amendment
39-19508 (83 FR 60756, November 27, 2018) (``AD 2018-24-04'').
(c) Applicability
This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before October 15,
2018.
(1) Model A330-223F and -243F airplanes.
(2) Model A330-201, -202, -203, -223, and -243 airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, and corrosion
in principal structural elements; such fatigue cracking, damage, and
corrosion could result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or
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inspection program, as applicable, to incorporate the information
specified in Airbus A330 Airworthiness Limitations Section (ALS)
Part 2--Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Revision 03, dated October 15, 2018 (``Airbus A330 ALS Part 2, DT-
ALI, Revision 03''), as supplemented by Airbus A330 Airworthiness
Limitations Section (ALS) Part 2--Damage Tolerant Airworthiness
Limitation Items (DT-ALI), Variation 3.1, dated January 18, 2019.
The initial compliance time for doing the tasks is at the time
specified in Airbus A330 Airbus A330 ALS Part 2, DT-ALI, Revision
03, including Airbus A330 Airworthiness Limitations Section (ALS)
Part 2--Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Variation 3.1, dated January 18, 2019; or within 90 days after the
effective date of this AD; whichever occurs later. This AD does not
require Section 4, ``Damage Tolerant--Airworthiness Limitations
Items--Tasks Beyond MPPT,'' of Airbus A330 ALS Part 2, DT-ALI,
Revision 03.
(h) No Alternative Actions, Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2017-19-13 and AD 2018-24-04
Accomplishing the actions required by this AD terminates all
requirements of AD 2017-19-13 and AD 2018-24-04.
(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
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].
(i) 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.
(ii) The AMOC specified in letter AIR-676-19-120, dated March 5,
2019, approved previously for AD 2018-24-04, is approved as an AMOC
for the corresponding provisions of this AD for Model A330-300
series airplanes modified from a passenger to freighter
configuration under the provisions of FAA Supplemental Type
Certificate ST04038NY.
(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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA 2019-0059, dated March 20, 2019, 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-2019-0843.
(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.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +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.
Issued in Des Moines, Washington, on June 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13333 Filed 6-21-19; 8:45 am]
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