[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]



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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

[[Page 29431]]

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]
 BILLING CODE 4910-13-P