[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Rules and Regulations]
[Pages 48783-48786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19913]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 /
Rules and Regulations
[[Page 48783]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0113; Product Identifier 2017-NM-060-AD; Amendment
39-19710; AD 2019-16-07]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-12-
09, which applied to certain Airbus Model A330-200, -200 Freighter, and
-300 series airplanes; and Model A340-200 and -300 series airplanes. AD
2016-12-09 requirements included removing existing and installing new
fasteners, inspecting for and, if necessary, repairing cracking. This
new AD requires repetitive inspections of the fastener holes at a
certain frame and applicable on-condition actions, and, for certain
airplanes, requires a modification, as specified in European Union
Aviation Safety Agency (EASA) ADs, which are incorporated by reference.
Also as specified in the EASA ADs, this AD also provide an optional
terminating action for certain airplanes, which terminates the
inspections. This AD was prompted by reports that cracks were found on
an adjacent hole of certain frames of the center wing box (CWB) and a
determination that the compliance time specified in AD 2016-12-09 for
the modification of the inside CWB must be revised. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective October 22, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 22,
2019.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +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 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 by searching for and locating Docket No.
FAA-2018-0113.
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-2018-
0113; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0249R1, dated July 31, 2019;
corrected August 2, 2019 (``EASA AD 2018-0249R1'') (also referred to as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for certain Airbus SAS Model A330-200, -
200 Freighter, and -300 series airplanes; and Model A340-200 and -300
series airplanes.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2016-12-09, Amendment 39-18558
(81 FR 38573, June 14, 2016) (``AD 2016-12-09''). AD 2016-12-09 applied
to certain Airbus Model A330-200, -200 Freighter, and -300 series
airplanes, and Model A340-200 and -300 series airplanes. The SNPRM
published in the Federal Register on May 23, 2019 (84 FR 23742) (``the
SNPRM''). The FAA preceded the SNPRM with a notice of proposed
rulemaking (NPRM) that published in the Federal Register on February
26, 2018 (83 FR 8201) (``the NPRM''). The NPRM was prompted by reports
that cracks were found on an adjacent hole of certain frames of the
CWB. The NPRM proposed to require repetitive inspections of the
fastener holes at frame (FR) 40, and, for certain airplanes, proposed
to require a modification. The NPRM also proposed to provide an
optional terminating action for certain airplanes, which terminates the
inspections. The SNPRM proposed to revise the compliance time for the
modification of the inside CWB. The FAA is issuing this AD to address
cracking of certain holes of certain frames of the CWB, which could
affect the structural integrity of the airplane.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the SNPRM
or on the determination of the cost to the public.
New EASA AD
In the SNPRM, the FAA referred to EASA AD 2018-0249, dated November
16, 2018 (``EASA AD 2018-0249''). Since the SNPRM was issued, EASA
issued EASA AD 2018-0249R1, which clarifies the conditions for certain
actions and removes paragraphs that are not necessary.
The FAA determined that no additional work is required for
airplanes that have accomplished the actions as required by EASA AD
2018-0249. Therefore, the FAA has revised all applicable sections in
this final rule to also specify EASA AD 2018-0249R1.
Change Made to This Final Rule
The SNPRM included a terminating action paragraph for AD 2016-12-09
(paragraph (j) of the proposed AD). However, AD 2016-12-09 is
superseded by this AD; therefore, that terminating action paragraph is
not needed. We have removed paragraph (j) of the proposed AD from this
AD.
[[Page 48784]]
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
changes described previously and minor editorial changes. The FAA has
determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA ADs 2018-0249 and 2018-0249R1 describe procedures for
repetitive inspections of the fastener holes at the FR40 vertical web
of the affected CWB lower panel area for any cracking, and on-condition
actions; modification of the inside CWB and an optional terminating
action (modification of fastener holes by cold-working), which
terminates the repetitive inspections. On-condition actions include
installing new fasteners, additional inspections, repair, and
modification. These documents are distinct since AD 2018-0249R1
clarifies the conditions for certain actions, removes paragraphs that
are not necessary, and provides credit for certain alternative methods
of compliance. 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.
Costs of Compliance
The FAA estimates that this AD affects 103 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Retained actions from AD 2016-12-09 Up to 155 work-hours x $0........................... Up to $13,175............... Up to $1,357,025.
$85 per hour = Up to
$13,175.
New actions........................ Up to 145 work-hours x Up to $650................... Up to $12,975............... Up to $1,336,425.
$85 per hour = Up to
$12,325.
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Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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Up to 145 work-hours x $85 per hour = Up Up to $621........................ Up to $12,946.
to $12,325.
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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
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 105 work-hours x $85 per hour = Up Up to $22,488..................... Up to $31,413.
to $8,925.
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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 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 has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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 that this AD:
(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.
[[Page 48785]]
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 removing airworthiness directive (AD)
2016-12-09, Amendment 39-18558 (81 FR 38573, June 14, 2016), and adding
the following new AD:
2019-16-07 Airbus SAS: Amendment 39-19710; Docket No. FAA-2018-0113;
Product Identifier 2017-NM-060-AD.
(a) Effective Date
This AD is effective October 22, 2019.
(b) Affected ADs
This AD replaces AD 2016-12-09, Amendment 39-18558 (81 FR 38573,
June 14, 2016) (``AD 2016-12-09'').
(c) Applicability
This AD applies to Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (5) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2018-0249R1, dated July 31, 2019; corrected August 2, 2019
(``EASA AD 2018-0249R1'').
(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, and -213 airplanes.
(5) Model A340-311, -312, and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by reports that cracks were found on an
adjacent hole of certain frames of the center wing box (CWB) and a
determination that the compliance time specified in AD 2016-12-09
for the modification of the inside CWB must be revised. The FAA is
issuing this AD to address cracking of certain holes of certain
frames of the CWB, which could affect the structural integrity of
the airplane.
(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, EASA AD 2018-0249, dated November 16, 2018 (``EASA
AD 2018-0249'') or EASA AD 2018-0249R1.
(h) Exceptions to EASA ADs 2018-0249 and 2018-0249R1
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA ADs 2018-0249 and 2018-0249R1 refer to the
effective date of EASA AD 2018-0249 or the effective date of EASA AD
2017-0069, this AD requires using the effective date of this AD.
(2) For purposes of determining compliance with the requirements
of this AD: Where EASA ADs 2018-0249 and 2018-0249R1 refer to the
effective date of EASA AD 2014-0149, this AD requires using June 29,
2016 (the effective date of AD 2016-12-09).
(3) The ``Remarks'' sections of EASA ADs 2018-0249 and 2018-
0249R1 do not apply to this AD.
(4) The EASA alternative method of compliance (AMOC) approvals
specified in paragraph (15) of EASA AD 2018-0249R1 do not apply to
this AD.
(i) Reference to Manufacturer Serial Numbers for Airbus Technical
Dispositions
Figure 1 to paragraph (i) of this AD identifies the Airbus
Technical Dispositions specified in paragraph (9) of EASA ADs 2018-
0249 and 2018-0249R1 and their associated manufacturer serial
numbers.
[GRAPHIC] [TIFF OMITTED] TR17SE19.000
[[Page 48786]]
(j) No Reporting Requirement
Although the service information referenced in EASA ADs 2018-
0249 and 2018-0249R1 specifies to submit certain information to the
manufacturer, this AD does not include that requirement.
(k) 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 (l) 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 2018-0249 or EASA AD 2018-0249R1 that contains
RC procedures and tests: Except as required by paragraph (k)(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.
(l) Related Information
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.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Aviation Safety Agency (EASA) AD 2018-0249, dated
November 16, 2018.
(ii) European Union Aviation Safety Agency (EASA) AD 2018-
0249R1, dated July 31, 2019; corrected August 2, 2019.
(3) For EASA AD 2018-0249 and EASA AD 2018-0249R1, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 89990 6017; email [email protected]; Internet
www.easa.europa.eu. You may find these EASA ADs on the EASA website
at https://ad.easa.europa.eu.
Note 1 to paragraph (m)(3): EASA AD 2018-0249 can be accessed in
the zipped file at the bottom of the web page for EASA AD 2018-
0249R1. When EASA posts a revised AD on their website, they
watermark the previous AD as ``Revised,'' alter the file name by
adding ``_revised'' to the end, and move it into a zipped file
attached at the bottom of the AD web page.
(4) You may view these EASA ADs 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
2018-0249 and EASA AD 2018-0249R1 may be found in the AD docket on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0113.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19913 Filed 9-16-19; 8:45 am]
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