[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Rules and Regulations]
[Pages 56378-56381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22957]


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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; Amendment 
39-19766; AD 2019-20-13]
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 
certain Airbus SAS Model A330-200, A330-200 Freighter, and A330-300 
series airplanes. This AD was prompted by a determination that new or 
more restrictive airworthiness limitations are necessary. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective November 26, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 26, 
2019.

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0492.

Examining the AD Docket

    You may examine the AD docket on the internet at http://

[[Page 56379]]

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 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; phone and fax: 206-231-3229.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Union 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 (``EASA AD 2019-0047'') (also 
referred to 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. 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A330-200, A330-200 Freighter, and A330-300 series airplanes. The 
NPRM published in the Federal Register on July 3, 2019 (84 FR 31769). 
The NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA is issuing this AD to address the failure of system components, 
which could reduce the controllability of the airplane. 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 comment received 
on the NPRM and the FAA's response to each comment.

Supportive Comment

    American Airlines (AAL) stated its support for the NPRM.

Request To Remove Certain Service Information

    AAL requested that the FAA revise paragraphs (g), and (i)(2) and 
(3) of the proposed AD to remove Airbus A330 Airworthiness Limitations 
Section (ALS) Part 4, System Equipment Maintenance Requirements (SEMR), 
Variation 7.1, dated November 5, 2018. The proposed AD would have 
included Variation 7.1 as part of the required service information, 
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System 
Equipment Maintenance Requirements (SEMR), Revision 07, dated October 
15, 2018. Variation 7.1, however, applies only to Airbus SAS Model 
A330-941 airplanes, which are not included in the applicability of the 
proposed AD.
    The FAA agrees with the commenter for the reason provided above. 
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System 
Equipment Maintenance Requirements (SEMR), Variation 7.1, dated 
November 5, 2018, has been removed from this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and 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.
    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 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. 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.

Costs of Compliance

    The FAA estimates that this AD affects 107 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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 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

[[Page 56380]]

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.

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):

2019-20-13 Airbus SAS: Amendment 39-19766; Docket No. FAA-2019-0492; 
Product Identifier 2019-NM-045-AD.

(a) Effective Date

    This AD is effective November 26, 2019.

(b) Affected ADs

    This AD affects the following ADs.
    (1) AD 2019-01-05, Amendment 39-19544 (84 FR 4310, February 15, 
2019) (``AD 2019-01-05'').
    (2) AD 2017-25-13, Amendment 39-19127 (82 FR 59960, December 18, 
2017) (``AD 2017-25-13'').
    (3) 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) through (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. 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, 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 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, -200 Freighter, and -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, -200 Freighter, and -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 Union 
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.

(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

[[Page 56381]]

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) Airbus A330 Airworthiness Limitations Section (ALS) Part 4, 
System Equipment Maintenance Requirements (SEMR), Revision 07, dated 
October 15, 2018.
    (ii) [Reserved]
    (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.
    (4) 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.
    (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 October 11, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-22957 Filed 10-21-19; 8:45 am]
 BILLING CODE 4910-13-P