[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Rules and Regulations]
[Pages 61523-61526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24507]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0439; Product Identifier 2019-NM-037-AD; Amendment 
39-19779; AD 2019-21-13]
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 superseding Airworthiness Directive (AD) 2012-22-
18, which applied to all Airbus SAS Model A330-243, -243F, -341, -342, 
and -343 airplanes. AD 2012-22-18 required repetitive inspections of 
the three inner acoustic panels of both engine air inlet (intake) cowls 
to detect disbonding, and corrective actions, if necessary. This AD 
continues to require all actions required by AD 2012-22-18, with a 
reduced initial compliance time and reduced repetitive inspection 
intervals. These actions are specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. This AD 
was prompted by additional reports of engine air inlet cowl collapse. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective December 18, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 18, 
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 referenced 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 in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0439.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0439; 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 2019-0042, dated February 27, 2019 
(``EASA AD 2019-0042'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-243, -243F, -341, -342, and -
343 airplanes, certificated in any category.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2012-22-18, Amendment 39-17256 (77 FR 
70366, November 26, 2012) (``AD 2012-22-18''). AD 2012-22-18 applied to 
all Airbus SAS Model A330-243, -243F, -341, -342, and -343 airplanes. 
The NPRM published in the Federal Register on June 19, 2019 (84 FR 
28431). The NPRM was prompted by additional reports of engine air inlet 
cowl collapse since AD 2012-22-18 was issued. The NPRM proposed to 
continue to require repetitive inspections of the three inner acoustic 
panels of both engine air inlet cowls to detect disbonding, and 
corrective actions if necessary, with a reduced initial compliance time 
and reduced repetitive inspection intervals. The NPRM also proposed an 
optional modification that would be terminating action for the 
repetitive inspections. The FAA is issuing this AD to address 
disbonding, which could result in detachment of the engine air inlet 
cowl from the engine, leading to ingestion of parts, which could cause 
failure of the engine, and possible injury to persons on the ground. 
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing

[[Page 61524]]

this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    Patrick Imperatrice indicated his support for the NPRM.

Request To Allow Alternative Tooling

    American Airlines (AAL) requested that operators be allowed to use 
aerospace industry standard tap check tools for the inspection of the 
engine air inlet cowl acoustic panels instead of the tap check tools 
specified in Bombardier Service Bulletin RB211-NAC-71-018, Revision 3, 
dated December 5, 2018 (``Bombardier Service Bulletin RB211-NAC-71-018, 
Revision 3''). The commenter stated that the tooling paragraph in 
Bombardier Service Bulletin RB211-NAC-71-018, Revision 3, unnecessarily 
restricts operators' choices of tap tools with respect to industry 
standard practices, and places an undue burden on operators with 
regards to maintaining compliance procedures. The commenter noted that 
the previous revision level of Bombardier Service Bulletin RB211-NAC-
71-018 provided a more general description of the tap tool and did not 
prohibit the use of an aluminum tap tool. The commenter noted that it 
has successfully detected disbonding using a variety of standard 
industry tap tools made of corrosion resistant steel (CRES), mild 
steel, brass, and aluminum on similar nacelle component thin-skinned 
carbon fiber/honeycomb sandwich panels, with and without wire mesh on 
them, without any negative effects, such as galvanic corrosion. The 
commenter stated that it considers tools similar to or as described in 
aviation industry manuals, made from any of the typical listed 
materials, to have an equivalent level of safety and performance as the 
tool specified in Bombardier Service Bulletin RB211-NAC-71-018, 
Revision 3. The commenter also advised that, although not a concern 
from its experience, any aluminum tool would be contacting the 
stainless steel wire mesh on the carbon fiber panel surface except for 
localized areas of missing wire mesh.
    The FAA acknowledges the commenter's observation that Bombardier 
Service Bulletin RB211-NAC-71-018, Revision 3, specifies that the tap 
tool can be purchased or manufactured, should be made of mild steel or 
brass rod, and that the use of an aluminum tap tool is prohibited.
    However, the FAA does not agree with the commenter's request to 
revise this AD to allow operators to use any aviation industry standard 
tap check tool, including those made of aluminum, for the inspection of 
the engine air inlet cowl acoustic panels. The FAA received additional 
information from Bombardier stating that Bombardier performed numerous 
tests on acoustic panels using tap tools manufactured from various 
materials. Bombardier concluded that a better tonal response was 
received for both disbond and non-disbond areas when a heavier tap tool 
made from steel or brass material was used, which resulted in more 
reliable detection of panel disbond.
    This AD refers to EASA AD 2019-0042 for a description of the 
procedures for repetitive inspections of the engine air inlet cowls 
having a certain part number, repair or replacement of any engine air 
inlet cowl that has disbond, and an optional modification that 
terminated the need for the repetitive inspections. In turn, EASA AD 
2019-0042 refers to Airbus Service Bulletin A330-71-3024, Revision 04, 
dated December 17, 2018 (``Airbus Service Bulletin A330-71-3024, 
Revision 04''), for information regarding the inspection procedures for 
the engine air inlet cowl. Paragraphs 3.C. and 3.D. of the 
Accomplishment Instructions of Airbus Service Bulletin A330-71-3024, 
Revision 04, are considered ``required for compliance'' (RC) and must 
be done to comply with the requirements of this AD.
    Paragraph 3.C. of Airbus Service Bulletin A330-71-3024, Revision 
04, states that the tap test must be done using the procedures in 
Rolls-Royce Service Bulletin No. RB.211-71-AG419, Revision 3, dated 
December 7, 2018 (``Rolls-Royce Service Bulletin No. RB.211-71-AG419, 
Revision 3''). Rolls-Royce Service Bulletin No. RB.211-71-AG419, 
Revision 3, refers to Bombardier Service Bulletin RB211-NAC-71-018, 
Revision 3, for the inspection procedures.
    Operators may request to use tap tools other than those identified 
in Bombardier Service Bulletin RB211-NAC-71-018, Revision 3, by 
utilizing the alternative methods of compliance (AMOCs) provision 
provided in paragraph (j)(1) of this AD and submitting sufficient data 
to substantiate that the alternative tools would provide an acceptable 
level of safety. The FAA has not revised this AD in regard to this 
issue.

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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0042 describes procedures for repetitive inspections 
of engine air inlet cowls having certain part numbers, repair or 
replacement of any engine air inlet cowl that has disbonding, and an 
optional modification that terminates the need for the repetitive 
inspections. 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 47 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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                                                                           Cost per
              Action                    Labor cost        Parts cost        product      Cost on U.S.  operators
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Retained actions from AD 2012-22-  Up to 20 work-hours              $0          $1,700  Up to $79,900.
 18.                                x $85 per hour =
                                    Up to $1,700.
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[[Page 61525]]


                  Estimated Costs for Optional Actions
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           Labor cost              Parts cost       Cost per  product
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Up to 154 work hours x $85 per              (*)  Up to $13,090.*
 hour = Up to $13,090.
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* The FAA has received no definitive data on the parts costs for the
  optional actions.

    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                 Estimated Costs of On-Condition Actions
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           Labor cost              Parts cost       Cost per  product
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Up to 34 work-hours x $85 per               (*)  Up to $2,890.*
 hour = Up to $2,890.
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* The FAA has received no definitive data on the parts costs for the on-
  condition actions.

    The new requirements of this AD add no additional economic burden. 
However, the optional modification, if done, would result in additional 
costs as specified in the ``Estimate costs for optional actions'' 
table.

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 removing Airworthiness Directive (AD) 
2012-22-18, Amendment 39-17256 (77 FR 70366, November 26, 2012), and 
adding the following new AD:

2019-21-13 Airbus SAS: Amendment 39-19779; Docket No. FAA-2019-0439; 
Product Identifier 2019-NM-037-AD.

(a) Effective Date

    This AD is effective December 18, 2019.

(b) Affected ADs

    This AD replaces 2012-22-18, Amendment 39-17256 (77 FR 70366, 
November 26, 2012) (``AD 2012-22-18'').

(c) Applicability

    This AD applies to all Airbus SAS Model A330-243, -243F, -341, -
342, and -343 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports of extensive damage to engine 
air inlet (intake) cowls as a result of acoustic panel collapse and 
by additional reports of engine air inlet cowl collapse since AD 
2012-22-18 was issued. The FAA is issuing this AD to address 
disbonding, which could result in detachment of the engine air inlet 
cowl from the engine, leading to ingestion of parts, which could 
cause failure of the engine, and possible injury to persons on the 
ground.

(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, European Union Aviation Safety Agency (EASA) AD 
2019-0042, dated February 27, 2019 (``EASA AD 2019-0042'').

(h) Exceptions to EASA AD 2019-0042

    (1) Where EASA AD 2019-0042 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0042 does not apply 
to this AD.

[[Page 61526]]

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0042 
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) 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 2019-0042 that contains RC procedures and 
tests: Except as required by paragraph (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

    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.
    (3) The following service information was approved for IBR on 
December 18, 2019.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0042, 
dated February 27, 2019.
    (ii) [Reserved]
    (4) For information about EASA AD 2019-0042, 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 this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0439.
    (6) 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, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24507 Filed 11-12-19; 8:45 am]
BILLING CODE 4910-13-P