[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Rules and Regulations]
[Pages 57313-57315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23284]



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 Rules and Regulations
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  Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / 
Rules and Regulations  

[[Page 57313]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0523; Product Identifier 2019-NM-050-AD; Amendment 
39-19768; AD 2019-21-02]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-200, -200F, and -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 29, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 29, 
2019.

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0523.

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 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 European Union 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. 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.
    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, -200F, and -300 series airplanes. The NPRM published in the 
Federal Register on July 9, 2019 (84 FR 32661). 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 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. 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.

Request To Add Service Information

    American Airlines (AAL) asked that the proposed AD be revised to 
include Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Variation 6.1, dated June 
28, 2019, as an additional source of service information. AAL stated 
that the variation document provides relieving compliance times for 
certain tasks. AAL pointed out that an alternative method of compliance 
(AMOC) for AD 2016-26-05, Amendment 39-18763 (82 FR 1170, January 5, 
2017) (``AD 2016-26-05'') (AMOC AIR-676-19-016, dated November 2, 
2018), has been approved to allow incorporation of the variation 
document into AAL's maintenance program as acceptable for compliance 
with the requirements of paragraph (g) of the proposed AD.
    The FAA agrees with the commenter's request for the reason 
provided. Paragraph (g) of this AD has been revised to include Airbus 
A330 ALS Part 3--Certification Maintenance Requirements (CMR), 
Variation 6.1, dated June 28, 2019, as an additional source of service 
information.

Request To Allow the Use of Future Revisions of Service Information

    Delta Airlines (DAL) asked that the proposed AD be revised to allow 
the use of future revisions of the service information. DAL noted that 
since the FAA has started to instruct operators to refer to the EASA AD 
to comply with the FAA AD, it recommends that the FAA include a 
paragraph that resolves this issue by referring to the EASA AD. DAL 
added that the EASA AD allows the use of future revisions of service 
information.
    The FAA acknowledges the commenter's observation regarding the 
FAA's new ``IBR the MCAI'' process,

[[Page 57314]]

which uses EASA ADs as the primary source of information for compliance 
with corresponding FAA ADs. However, the FAA currently only uses the 
new ``IBR the MCAI'' process with certain MCAI ADs (primarily those 
with service bulletins as the primary source of information). When the 
Airbus A330 Airworthiness Limitations Section is revised, and EASA 
issues an AD, the FAA will consider drafting the corresponding FAA AD 
as an ``IBR the MCAI'' AD. Thus, all provisions specified in the EASA 
AD would apply to the corresponding FAA AD.
    Based on the information above, the FAA does not agree with the 
commenter's request to allow the use of future revisions of the service 
information. The FAA may not refer to any document that does not yet 
exist in an AD. To allow operators to use later revisions of the 
referenced document (issued after AD publication), the most expeditious 
approach would be for operators to request approval to use later 
revisions as an alternative method of compliance with this AD, under 
the provisions of paragraph (j)(1) of this AD. The alternative would be 
for the FAA to revise the AD to reference specific later revisions, 
which would take longer and consume more resources. This AD has not 
been revised regarding this issue.

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 SAS has issued the following service information.
     A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated 
October 15, 2018. This service information describes maintenance 
instructions and airworthiness limitations, including updated 
inspections and intervals, to be incorporated into the existing 
maintenance or inspection program.
     A330 ALS Part 3--Certification Maintenance Requirements 
(CMR), Variation 6.1, dated June 28, 2019. This service information 
describes maintenance instructions and airworthiness limitations, and 
increases the flight cycle inspection intervals to 12,000 flight hours.
    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 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 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:
    (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):

2019-21-02 Airbus SAS: Amendment 39-19768; Docket No. FAA-2019-0523 
Product Identifier 2019-NM-050-AD.

(a) Effective Date

    This AD is effective November 29, 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.

[[Page 57315]]

(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, as 
supplemented by Airbus A330 ALS Part 3--Certification Maintenance 
Requirements (CMR), Variation 6.1, dated June 28, 2019. The initial 
compliance times 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, as supplemented by Airbus A330 ALS Part 3--
Certification Maintenance Requirements (CMR), Variation 6.1, dated 
June 28, 2019, 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 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 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.

(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.

(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) Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated 
October 15, 2018.
    (ii) Airbus A330 ALS Part 3--Certification Maintenance 
Requirements (CMR), Variation 6.1, dated June 28, 2019.
    (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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-23284 Filed 10-24-19; 8:45 am]
 BILLING CODE 4910-13-P