[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32661-32664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14399]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0523; Product Identifier 2019-NM-050-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, -200F, and -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: The FAA must receive comments on this proposed AD by August 23, 
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.

[[Page 32662]]

     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--EAW, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; 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-
0523; 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-2019-0523; 
Product Identifier 2019-NM-050-AD'' at the beginning of your comments. 
The FAA specifically invite 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 we receive, 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 received 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 
2019-0049, dated March 11, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus SAS Model A330-200, -200F, 
and -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 Certification 
Maintenance Requirements (CMR), 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 2016-0066 [corresponds to FAA AD 
2016-26-05, Amendment 39-18763 (82 FR 1170, January 5, 2017) (``AD 
2016-26-05'')] to require accomplishment of all maintenance tasks as 
described in A330 ALS Part 3 at Revision 05.
    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 2016-0066 and 
requires accomplishment of the actions specified in the ALS.

    The unsafe condition is a safety-significant latent failure (that 
is not annunciated) that, in combination with one or more other 
specific failures or events could result in a hazardous or catastrophic 
failure condition. 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-2019-0523.

Relationship Between Proposed AD and AD 2016-26-05

    This NPRM does not propose to supersede AD 2016-26-05. 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 2016-26-05.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A330 Airworthiness Limitations Section 
(ALS) Part 3--Certification Maintenance Requirements (CMR), Revision 
06, dated October 15, 2018. The service information describes 
maintenance instructions and airworthiness limitations, including 
updated inspections and intervals, to be incorporated into the 
maintenance or inspection program. 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 a 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.

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 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.

[[Page 32663]]

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 agency 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-2019-0523; Product Identifier 2019-NM-
050-AD.

(a) Comments Due Date

    The FAA must receive comments by August 23, 2019.

(b) Affected ADs

    This AD affects AD 2016-26-05, Amendment 39-18763 (82 FR 1170, 
January 5, 2017) (``AD 2016-26-05'').

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, -202, -203, -223, 
-223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before October 15, 2018.

(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 a safety-significant latent failure (that 
is not annunciated) that, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition.

(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 3--Certification Maintenance 
Requirements (CMR), Revision 06, dated October 15, 2018. The initial 
compliance time for doing the tasks is at the time specified in 
Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated 
October 15, 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), 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 2016-26-05

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2016-26-05.

(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.

[[Page 32664]]

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) AD 2019-0049, 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-
2019-0523.
    (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--EAW, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; 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 28, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-14399 Filed 7-8-19; 8:45 am]
BILLING CODE 4910-13-P