[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Rules and Regulations]
[Pages 14559-14561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05123]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0712; Product Identifier 2019-NM-115-AD; Amendment
39-19849; AD 2020-04-10]
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, A330-300, A340-200, and
A340-300 series airplanes. This AD was prompted by reports that
elevator skin panels were found disbonded as a result of water ingress.
This AD requires repetitive detailed inspections of skin panels on both
elevators, and corrective actions if necessary, as specified in a
European Union 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 April 17, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 17,
2020.
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
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0712.
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-
0712; 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; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0138, dated June 12, 2019
(``EASA AD 2019-0138'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-200 Freighter, A330-200, A330-
300, A340-200, and A340-300 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, A330-300, A340-200, and A340-300 series
airplanes. The NPRM published in the Federal Register on October 9,
2019 (84 FR 54049). The NPRM was prompted by reports that elevator skin
panels were found disbonded as a result of water ingress. The NPRM
proposed to require repetitive detailed inspections of skin panels on
both elevators, and corrective actions if necessary.
The FAA is issuing this AD to address disbonding of the elevator
skin panels. This condition, if not detected and corrected, could
affect the structural integrity of the elevators, possibly resulting in
reduced control 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 comments
received on the NPRM and the FAA's response to each comment.
Request To Modify the Applicability of the Proposed AD
Delta Air Lines (DAL) requested that paragraph (c) of the proposed
AD be modified to refer to Table 1 of EASA AD 2019-0138 for affected
parts, or that the proposed AD include a paragraph providing actions
for airplanes not equipped with the affected part numbers. DAL asserted
that although the NPRM is applicable to all Airbus SAS airplanes, EASA
AD 2019-0138 provides additional details, namely the affected elevator
part numbers, and those details should be referenced in paragraph (c)
of the proposed AD.
The FAA disagrees with the requested modification. EASA AD 2019-
0138 is
[[Page 14560]]
applicable to Airbus SAS Model A330-200 Freighter, A330-200, A330-300,
A340-200, and A340-300 series airplanes, all manufacturer serial
numbers, the same airplanes to which this AD applies. Further,
paragraph (g) of this AD requires the actions specified in EASA AD
2019-0138, which includes the list of affected parts in Table 1 of EASA
AD 2019-0138. Therefore, no change to this AD is necessary in this
regard.
Request To Add Clarifying Statement to the Proposed AD
DAL also requested clarification of whether the requirements of
paragraph (i) of AD 2011-03-10, Amendment 39-16594 (76 FR 6543,
February 7, 2011) (``AD 2011-03-10''), are still retained, and that a
statement specifying that retention be added to the proposed AD. The
commenter observed that paragraph (i) of the proposed AD terminates all
requirements of AD 2011-03-10, yet paragraph (i) of AD 2011-03-10
identifies specific part number and serial number combinations as
having conditional activities, and identification of those combinations
can be verified by records review. DAL further remarked that the
proposed AD does not address the actions specified in paragraph (i) of
AD 2011-03-10 nor retain the requirement to verify part number and
serial number combinations.
The FAA does not agree to add a clarifying statement in this AD.
Paragraph (i) of AD 2011-03-10 is the restatement of the requirements
of paragraph (g) of AD 2005-20-32, Amendment 39-14329 (70 FR 59263,
October 12, 2005), which is superseded by paragraph (k) of AD 2011-03-
10. Accomplishment of actions specified in paragraph (k) of AD 2011-03-
10 terminates the requirements of paragraph (i) of AD 2011-03-10.
Paragraph (k) of AD 2011-03-10 refers to Table 1 of AD 2011-03-10,
which defines the affected elevator part numbers.
In addition, FAA AD 2011-03-10 is based on EASA AD 2009-0255, dated
December 1, 2009 (``EASA AD 2009-0255''). EASA AD 2019-0138 retains the
requirements of EASA AD 2009-0255, which is superseded. Table 1 of EASA
AD 2019-0138 contains the affected elevator part numbers, which are the
same as those defined in Table 1 of FAA AD 2011-03-10. Compliance with
EASA AD 2019-0138 in its entirety constitutes compliance with this AD
and thus terminates all actions specified in AD 2011-03-10, as
reflected in paragraph (i) of this AD.
The FAA has not changed this AD with regard to this request.
Change Made to This AD
The FAA has revised the formatting of paragraph (h) of this AD.
This change does not affect the content or intent of that paragraph.
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 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.
We 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 AD 2019-0138 describes procedures for a detailed inspection of
the affected parts and corrective actions. 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 14 work-hours x $85 per hour = Up $0 Up to $1,190.............. Up to $122,570.
to $1,190.
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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
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Labor cost Parts cost Cost per product
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Up to 24 work-hours x $85 per hour $0 Up to $2,040.
= Up to $2,040.
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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.
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 14561]]
(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):
2020-04-10 Airbus SAS: Amendment 39-19849; Docket No. FAA-2019-0712;
Product Identifier 2019-NM-115-AD.
(a) Effective Date
This AD is effective April 17, 2020.
(b) Affected ADs
This AD affects AD 2011-03-10, Amendment 39-16594 (76 FR 6543,
February 7, 2011) (``AD 2011-03-10'').
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (5) of this AD.
(1) Model A330-223F and -243F airplanes.
(2) Model A330-201, -202, -203, -223, and -243 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 55, Stabilizers.
(e) Reason
This AD was prompted by reports that elevator skin panels were
found disbonded as a result of water ingress. The FAA is issuing
this AD to address disbonding of the elevator skin panels. This
condition, if not detected and corrected, could affect the
structural integrity of the elevators, possibly resulting in reduced
control 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, European Union Aviation Safety Agency (EASA) AD
2019-0138, dated June 12, 2019 (``EASA AD 2019-0138'').
(h) Exceptions to EASA AD 2019-0138
(1) Where EASA AD 2019-0138 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2019-0138 refers to December 15, 2009 (the
effective date of EASA AD 2009-0255), this AD requires using March
14, 2011 (the effective date of AD 2011-03-10).
(3) The ``Remarks'' section of EASA AD 2019-0138 does not apply
to this AD.
(i) Terminating Action for AD 2011-03-10
Accomplishing the actions required by this AD terminates all
requirements of AD 2011-03-10.
(j) No Reporting Requirement
Although EASA AD 2019-0138 and the service information
referenced in it specify 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 2019-0138 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; email [email protected].
(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 Union Aviation Safety Agency (EASA) AD 2019-0138,
dated June 12, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0138, 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.
(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. 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-
2019-0712.
(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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on February 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-05123 Filed 3-12-20; 8:45 am]
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