[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51952-51955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21240]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0318; Product Identifier 2019-NM-015-AD; Amendment
39-19745; AD 2019-19-09]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series
airplanes. This AD was prompted by an analysis conducted on Airbus SAS
Model A330-200 Freighter, A330-200, and A330-300 series airplanes that
identified structural areas that are susceptible to widespread fatigue
damage (WFD). This AD requires reinforcement modifications of various
structural parts of the fuselage, and applicable related investigative
and corrective actions if necessary, as specified in a European
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective November 5, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 5,
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 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-2019-0318.
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-
0318; 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 2018-0276R1, dated January 11, 2019;
corrected January 15, 2019 (``EASA AD 2018-0276R1'') (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 Freighter, A330-200, and A330-300 series airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A330-200 Freighter, A330-200, and A330-300 series airplanes. The NPRM
published in the Federal Register on May 16, 2019 (84 FR 22075). The
NPRM was prompted by an analysis conducted on Airbus SAS Model A330-200
Freighter, A330-200, and A330-300 series airplanes that identified
structural areas that are susceptible to WFD. The NPRM proposed to
require reinforcement modifications of various structural parts of the
fuselage, and applicable related investigative and corrective actions
if necessary.
The FAA is issuing this AD to address structural areas that are
susceptible to WFD, which, if not corrected, could lead to crack
initiation and undetected propagation, reducing the structural
integrity of the airplane, possibly resulting in rapid depressurization
and consequent injury to occupants. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment. Commenters
Christopher Cracraft, Samuel Hazo, and American Airlines (AAL) stated
that they support the NPRM.
Request To Use Later-Approved Service Information
AAL requested that the FAA provide a statement in the final rule
confirming its approval of later-approved service information since the
FAA rarely allows such practice without an alternative method of
compliance (AMOC).
This AD does not exclude the ``Ref. Publications'' section of EASA
AD 2018-0276R1, so that section is applicable to this AD, which
addresses the commenter's concern. The FAA does not find it necessary
to provide an additional statement regarding this issue in this AD.
Therefore, the FAA has not changed this AD regarding this issue.
Request To Allow Alternative Corrosion-Inhibiting Compounds (CICs)
Delta Airlines (DAL) generally supported the NPRM but requested
that the FAA allow operators to use their CICs, which are controlled by
their FAA-principal maintenance inspector (PMI), for their corrosion
prevention and control program (CPCP). DAL stated that the instructions
in the service information include the reapplication of CICs. DAL
commented that the CICs do not always align with the CIC products
specified in the service information, which forces operators to apply
for an AMOC for use of their preferred CICs.
In addition, DAL stated that corrosion is not the subject of the
unsafe condition in the proposed AD, and operators should be able
maintain their airplanes at their discretion through their FAA-accepted
programs. DAL commented that CICs that are PMI accepted have shown an
equivalent level of safety, and their use should continue to be
accepted
[[Page 51953]]
since they are not the subject of the unsafe condition in the NPRM.
The FAA disagrees with the commenter's request. The CICs are
identified in certain Airbus service information under tasks that are
identified as ``required for compliance'' (RC), and that service
information is specified in the MCAI, which is incorporated by
reference in this AD. Therefore, any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC. Under
the provisions of paragraph (j)(1) of this AD, the FAA will consider
requests for approval of an AMOC if sufficient data are submitted to
substantiate that the change provides an acceptable level of safety.
The FAA has not changed this AD regarding this issue.
Request To Issue Multiple Proposed ADs
AAL requested that the FAA issue one proposed AD for each of the 24
service documents specified in EASA AD 2018-0276R1 as a way to control
the actions and thresholds. AAL stated that one proposed AD per service
document would alleviate the need for multiple revisions to a single
``master'' AD if issues arise in a particular service document. AAL
also commented that if the ``master'' AD is revised or superseded, it
must revise each internal document (i.e., engineering orders (E.O.))
that affects that AD versus just the one specific E.O. that matches the
service information that resulted in the AD revision. AAL commented
that revising internal documents also affects AMOCs. AAL stated that
revising internal documents is a heavy burden on the operator and on
the local FAA authority tasked to review its documents for compliance.
AAL commented that issuing one ``master'' AD places a burden on its
information technology (IT) system. AAL stated that its maintenance
tracking system (``SCEPTRE'') permits the creation of one tracking
method for one AD, and will not sufficiently be able to track multiple
service information thresholds under one AD as its system does not
support this.
In addition, AAL stated that it must report its AD status to the
FAA and that ADs for all airplane numbers must show the AD compliance
date or forecasted due date on the report. AAL commented that the
thresholds on several of the service documents are so far out that they
may never be reached, and the AD report would never show compliance
even though the operator is taking actions on the lower-threshold
service information.
The FAA disagrees with the commenter's request. The FAA has
determined that in general, issuing one AD for the same unsafe
condition (as EASA has done in this case) is more efficient and
provides adequate time to correct the specified unsafe condition. While
it is understandable that a manufacturer would like to minimize IT
issues involving its AD tracking system, the FAA typically follows the
recommendations of the State of Design Authority (in this case EASA)
for the compliance time and method for addressing the unsafe condition.
In addition, issuing one AD per service document would require
additional public notice and comment period, further delaying the
actions required to address the specified unsafe condition. The FAA has
not changed this AD in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0276R1 describes procedures for reinforcement
modifications of various structural parts of the fuselage, and
applicable related investigative and corrective actions if necessary.
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 104 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 413 work-hours x $85 per hour = Up to $125,190......... Up to $160,295......... Up to $16,670,680.
$35,105.
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The FAA has received no definitive data that would enable the FAA
to provide cost estimates for the on-condition actions specified in
this 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 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
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:
[[Page 51954]]
(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.
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 adding the following new airworthiness
directive (AD):
2019-19-09 Airbus SAS: Amendment 39-19745; Docket No. FAA-2019-0318;
Product Identifier 2019-NM-015-AD.
(a) Effective Date
This AD is effective November 5, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all airplanes identified in paragraphs (c)(1)
through (3) of this AD, certificated in any category, all
manufacturer serial numbers.
(1) Airbus SAS Model A330-223F and -243F airplanes.
(2) Airbus SAS Model A330-201, -202, -203, -223, and -243
airplanes.
(3) Airbus SAS Model A330-301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by an analysis conducted on Airbus SAS
Model A330-200 Freighter, -200, and -300 series airplanes that
identified structural areas that are susceptible to widespread
fatigue damage (WFD). The FAA is issuing this AD to address this
condition, which could lead to crack initiation and undetected
propagation, reducing the structural integrity of the airplane,
possibly resulting in rapid depressurization and consequent injury
to occupants.
(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 2018-0276R1, dated January 11, 2019;
corrected January 15, 2019 (``EASA AD 2018-0276R1'').
(h) Exceptions to EASA AD 2018-0276R1
(1) The ``Remarks'' section of EASA AD 2018-0276R1 does not
apply to this AD.
(2) Where paragraph (1) of EASA AD 2018-0276R1 specifies to
modify the airplane in accordance with each applicable service
bulletin as specified in Appendix 1 of EASA AD 2018-0276R1, this AD
also requires the accomplishment of all applicable related
investigative and corrective actions before further flight in
accordance with each applicable service bulletin as specified in
Appendix 1 of EASA AD 2018-0276R1.
(3) For airplanes already modified before the threshold
specified in Table 2 of Appendix 1 of EASA AD 2018-0276R1 is
reached, within 6 months after the effective date of this AD, obtain
instructions for additional maintenance tasks (e.g., modifications/
inspections) from the Manager, International Section, Transport
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or Airbus SAS's EASA Design Organization Approval (DOA); and
accomplish those tasks within the compliance time specified therein.
If approved by the DOA, the approval must include the DOA-authorized
signature.
(i) No Reporting Requirement
Although certain service information referenced in EASA AD 2018-
0276R1 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 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 2018-0276R1 that contains RC procedures and
tests: Except as required by paragraphs (h)(3) and (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) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2018-0276R1, dated January 11,
2019; corrected January 15, 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-
2019-0318.
(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.
(l) 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 2018-0276R1, dated
January 11, 2019; corrected January 15, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2018-0276R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet www.easa.europa.eu.
(4) You may view this 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.
(5) You may view this material 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.
[[Page 51955]]
Issued in Des Moines, Washington, on September 19, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-21240 Filed 9-30-19; 8:45 am]
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