[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Pages 31769-31772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14047]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0492; Product Identifier 2019-NM-045-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, A330-200 Freighter, 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

[[Page 31770]]

applicable, to incorporate new or more restrictive airworthiness 
limitations. 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 19, 
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-
0492; 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-2019-0492; 
Product Identifier 2019-NM-045-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 because of 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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2019-0047, dated March 11, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus SAS Model A330-200, 
A330-200 Freighter, and A330-300 series airplanes. The MCAI states:

    The airworthiness limitations for the Airbus A330 aeroplanes, 
which are approved by EASA, are currently defined and published in 
the A330 ALS [airworthiness limitations section] documents. The 
airworthiness limitations applicable to the System Equipment 
Maintenance Requirements, which are approved by EASA, are published 
in the ALS.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2017-0228 [which corresponds to FAA 
AD 2019-01-05, Amendment 39-19544 (84 FR 4310, February 15, 2019) 
(``AD 2019-01-05'')] to require accomplishment of all maintenance 
tasks as described in A330 ALS Part 4 at Revision 06.
    Since that [EASA] AD was issued, Airbus published the ALS, as 
defined in this [EASA] AD, including new and/or more restrictive 
tasks.
    For the reasons described above, this [EASA] AD takes over the 
requirements for Airbus A330 aeroplanes from EASA AD 2017-0228, and 
requires accomplishment of the actions specified in the ALS.
    This [EASA] AD also takes over Airbus A330 requirements from 
EASA AD 2013-0201 [which corresponds to FAA AD 2014-16-22, Amendment 
39-17946 (79 FR 49442, August 21, 2014) (``AD 2014-16-22'')] and 
[EASA] AD 2017-0044 [which corresponds to FAA AD 2017-25-13, 
Amendment 39-19127 (82 FR 59960, December 18, 2017) (``AD 2017-25-
13'')], as the requirements of these [EASA] ADs have been embodied 
into 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-
0492.

Relationship Between NPRM and ADs 2019-01-05, 2017-25-13, and 2014-16-
22

    This NPRM does not propose to supersede AD 2019-01-05. 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 of the 
requirements of AD 2019-01-05.
    EASA AD 2019-0047 added new tasks that replaced tasks in each of 
two EASA ADs: 2013-0201 (which corresponds to FAA AD 2014-16-22) and 
2017-0044 (which corresponds to FAA AD 2017-25-13). Accomplishment of 
the new tasks as specified by this proposed AD terminates the 
requirements of FAA ADs 2014-16-22 and 2017-25-13 for Airbus SAS Model 
A330-200, A330-200 Freighter, and A330-300 series airplanes.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A330 Airworthiness Limitations Section (ALS) Part 
4, System Equipment Maintenance Requirements (SEMR), Revision 07, dated 
October 15, 2018, including Airbus A330 Airworthiness Limitations 
Section (ALS) Part 4--System Equipment Maintenance Requirements (SEMR), 
Variation 7.1, dated November 5, 2018. This service information 
describes airworthiness limitations for system equipment maintenance 
requirements. 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 the FAA's bilateral agreement with the State of 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 the agency 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.

[[Page 31771]]

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.

Difference Between This Proposed AD and the MCAI or Service Information

    The MCAI specifies that if there are findings from the 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. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA 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 FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA 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-2019-0492; Product Identifier 2019-NM-
045-AD.

(a) Comments Due Date

    The FAA must receive comments by August 19, 2019.

(b) Affected ADs

    This AD affects AD 2019-01-05, Amendment 39-19544 (84 FR 4310, 
February 15, 2019) (``AD 2019-01-05''); AD 2017-25-13, Amendment 39-
19127 (82 FR 59960, December 18, 2017) (``AD 2017-25-13''); and AD 
2014-16-22, Amendment 39-17946 (79 FR 49442, August 21, 2014) (``AD 
2014-16-22'').

(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 A330-201, -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.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by the need for new or more restrictive 
airworthiness limitations that refer to preventive maintenance tasks 
including replacement of life-limited parts. Failure to accomplish 
the tasks could result in an unsafe condition such as reduced 
airplane controllability due to the failure of system components.

(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 inspection program, as applicable, to 
incorporate the information specified in Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Revision 07, dated October 15, 2018, including 
Airbus A330 Airworthiness Limitations Section (ALS) Part 4--System 
Equipment Maintenance Requirements (SEMR), Variation 7.1, dated 
November 5, 2018. The component life limits and the initial 
compliance time for doing the tasks are at the times specified in 
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System 
Equipment Maintenance Requirements (SEMR), Revision 07, dated 
October 15, 2018, including Airbus A330 Airworthiness Limitations 
Section (ALS) Part 4--System Equipment Maintenance Requirements 
(SEMR), Variation 7.1, dated November 5, 2018, or within 90 days 
after the effective date of this AD, whichever occurs later.

(h) No Alternative Actions or 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

[[Page 31772]]

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 Actions

    (1) Accomplishing the actions required by this AD terminates all 
requirements of AD 2019-01-05.
    (2) Accomplishing the action required by task number 274400-
00004-1-E of Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
07, dated October 15, 2018, within the compliance time specified for 
that task in Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
07, dated October 15, 2018, terminates all requirements of AD 2017-
25-13 for Airbus SAS Model A330-200, A330-200 Freighter, and A330-
300 series airplanes only.
    (3) Accomplishing the action required by task number 213100-
00001-1-E of Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
07, dated October 15, 2018, within the compliance time specified for 
that task in Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
07, dated October 15, 2018, terminates all requirements of AD 2014-
16-22 for Airbus SAS Model A330-200, A330-200 Freighter, and A330-
300 series airplanes only.

(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]. 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 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.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
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) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0047, dated March 11, 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-2019-0492.
    (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.
    (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 25, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-14047 Filed 7-2-19; 8:45 am]
BILLING CODE 4910-13-P