[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Proposed Rules]
[Pages 30055-30058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13422]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0484; Product Identifier 2019-NM-065-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 all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-
200, A340-300, A340-500, and A340-600 series airplanes. This proposed 
AD was prompted by a report that an airplane failed to extend its nose 
landing gear (NLG) using the free fall method, due to loss of the green 
hydraulic system. This proposed AD would require repetitive tests of 
affected free fall actuators (FFA), and replacement of any affected FFA 
that fails a test with a serviceable FFA; as specified in a European 
Aviation Safety Agency (EASA) AD, which will be incorporated by 
reference. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by August 12, 
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 the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; phone: +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

[[Page 30056]]

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-
0484; 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; phone 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-2019-0484; 
Product Identifier 2019-NM-065-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0063, dated March 26, 2019 
(``EASA AD 2019-0063'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200, A330-200 Freighter, A330-
300, A340-200, A340-300, A340-500, and A340-600 series airplanes. The 
MCAI states:

    An A330 aeroplane failed to extend its NLG by free fall method, 
prompted by the loss of the green hydraulic system. Investigation 
results revealed that the NLG FFA [part number] P/N AR02404 has been 
identified as the root cause, the magnets on this actuator having 
been found detached on both electrical motors. Further investigation 
conducted with the FFA manufacturer has identified a potential 
similar issue on specific FFA with the same P/N, manufactured in 
2001 and 2002. Units manufactured in other years are still being 
investigated. These affected FFA can also be fitted on [main landing 
gear] MLG (on A330 and A340 aeroplanes) and [center landing gear] 
CLG (on A340-500/600 aeroplanes only) of the aeroplane.
    This condition, if not detected and corrected, could prevent LG 
[landing gear] extension by free fall method, possibly resulting in 
loss of control of the aeroplane after landing, with consequent 
damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, Airbus issued the 
AOT [Alert Operators Transmission A32L012-18] to provide 
instructions to inspect and test the affected FFA.
    For the reasons described above, this [EASA] AD requires 
repetitive testing of each affected FFA, and, depending on findings, 
replacement with a serviceable FFA.
    This [EASA] AD is considered to be an interim action and further 
[EASA] AD action may follow.

Related IBR Material Under 1 CFR part 51

    EASA AD 2019-0063 describes procedures for repetitive tests of 
affected FFAs and replacement of any affected FFA that fails a test 
with a serviceable FFA. EASA AD 2019-0063 also describes procedures for 
an optional terminating action (replacement of all affected FFAs), 
which would terminate the repetitive tests. 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.

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. The FAA is 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 2019-0063 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 2019-0063 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0063, through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Service information specified in EASA AD 
2019-0063 that is required for compliance with EASA AD 2019-0063 will 
be available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0484 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 107 airplanes of 
U.S. registry. The FAA estimates 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
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2 work[dash]hours x $85 per hour = $170.........................              $0            $170         $18,190
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[[Page 30057]]

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
               Labor cost                   Parts cost        product
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2 work-hours x $85 per hour = $170......          $0 \*\            $170
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* The FAA has received no definitive data that would enable us to
  provide parts cost estimates for the on-condition replacements
  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.
    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-2019-0484; Product Identifier 2019-NM-
065-AD.

(a) Comments Due Date

    The FAA must receive comments by August 12, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (c)(7) of this AD, certificated in any 
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A340-211, -212, -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that an airplane failed to 
extend its nose landing gear (NLG) using the free fall method, due 
to the loss of the green hydraulic system. The FAA is issuing this 
AD to address detached magnets on both electrical motors of the free 
fall actuators (FFA) which could prevent landing gear extension by 
the free fall method, possibly resulting in loss of control of the 
airplane after landing.

(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, European Aviation Safety Agency (EASA) AD 2019-
0063, dated March 26, 2019 (``EASA AD 2019-0063'').

(h) Exceptions to EASA AD 2019-0063

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0063 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0063 does not apply 
to this AD.
    (3) Where EASA AD 2019-0063 specifies credit for certain tasks 
``provided the continuity test specified in AMM task A330-32-33-00-
710-809, or AMM task A340-32-33-00-710-806, as applicable, is 
accomplished concurrently,'' this AD provides credit ``provided the 
continuity test is accomplished concurrently in accordance with the 
instructions of an FAA-approved maintenance or inspection program.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0063 
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

[[Page 30058]]

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]. 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 2019-0063 that contains RC procedures and 
tests: Except as required by paragraph (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 2019-0063, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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 2019-0063 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0484.
    (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.

    Issued in Des Moines, Washington, on June 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13422 Filed 6-25-19; 8:45 am]
BILLING CODE 4910-13-P