AD 2018-09-02

[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Rules and Regulations]
[Pages 18730-18732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-08648]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0302; Product Identifier 2013-NM-228-AD; Amendment 
39-19258; AD 2018-09-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 99-23-16, 
which applied to certain Airbus Model A330 and A340 series airplanes. 
AD 99-23-16 required repetitive detailed visual inspections to detect 
cracking of the vertical flange of the inboard Z-stiffeners of the 
centerline panel of the fuselage belly fairing; and corrective actions, 
if necessary. This AD was prompted by a new fatigue and damage 
tolerance evaluation that concluded that the current inspection 
thresholds and intervals had to be more restrictive. This AD requires 
contacting the FAA to obtain instructions for addressing the unsafe 
condition on these products, and doing the actions specified in those 
instructions. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD becomes effective May 15, 2018.
    We must receive comments on this AD by June 14, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0302; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Operations office 
(telephone: 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th Street, Des Moines, WA 98198; telephone and fax: 206-231-3229.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued AD 99-23-16, Amendment 39-11412 (64 FR 61485, November 
12, 1999) (``AD 99-23-16''), which applied to certain Airbus Model A330 
and A340 series airplanes. AD 99-23-16 was prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
aviation authority. AD 99-23-16 required repetitive detailed visual 
inspections to detect cracking of the vertical flange of the inboard Z-
stiffeners of the centerline panel of the fuselage belly fairing; and 
corrective actions, if necessary. We issued AD 99-23-16 to detect and 
correct fatigue cracking of the vertical flange of the inboard Z-
stiffeners of the centerline panel of the fuselage belly fairing, which 
could result in reduced structural integrity of the belly fairing.
    Since we issued AD 99-23-16, a new fatigue and damage tolerance 
evaluation was conducted by the manufacturer. It was concluded that, 
due to airplane utilization, the current inspection thresholds and 
intervals had to be more restrictive.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2013-0241, dated October 1, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus Model A330 and A340 
series airplanes. The MCAI states:

    In order to prevent a damage in the inboard Z profile at the 
Center Landing Gear (CLG) door fitting location (Frame 49 to 53.2) 
caused by cracks evidenced during fatigue tests and which could lead 
to a reduced structural integrity, DGAC France AD 96-056-029(B) and 
DGAC France AD 96-057-042(B) [which corresponds to FAA AD 99-23-16] 
were issued to require a repetitive inspection of the inboard Z 
profile on both Left Hand (LH) and Right Hand (RH) sides.
    An optional terminating action of the repetitive inspection of 
this [EASA] AD exists by modification of the aeroplane in accordance 
with the instructions of Airbus Service Bulletin (SB) A330-53-3019 
or Airbus SB A340-53-4028, as applicable.
    Since those [EASA] ADs were issued, in the frame of a new 
fatigue and damage tolerance evaluation, taking into account the 
aeroplane utilisation, the threshold and intervals were reassessed. 
This resulted in the conclusion that, in this specific case, certain 
thresholds and intervals are more restrictive.
    For the reasons described above, this [EASA] AD retains the 
requirements of both DGAC France AD 96-056-029(B) and DGAC France AD 
96-057-042(B), which are superseded, and requires accomplishment of 
repetitive inspections of the inboard Z profile (LH/RH) within the 
new thresholds and intervals.

    You may examine the MCAI on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0302.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI. We are 
issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of these same type designs.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good

[[Page 18731]]

cause that notice and opportunity for prior public comment are 
unnecessary. In addition, for the reason(s) stated above, we find that 
good cause exists for making this amendment effective in less than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0302; Product 
Identifier 2013-NM-228-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD, we are 
providing the following cost estimates for an affected airplane that is 
placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
              Action                      Labor cost         Parts cost      Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Inspection [new action]...........  7 work-hours x $85                 $0  $595 per inspection                $0
                                     per hour = $595 per                    cycle.
                                     inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
modification that would be required based on the results of the 
required actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification..........................  13 work-hours x $85 per           $2,350          $3,455              $0
                                         hour = $1,105.
----------------------------------------------------------------------------------------------------------------

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.
    We are 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 to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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) 
99-23-16, Amendment 39-11412 (64 FR 61485, November 12, 1999), and 
adding the following AD:

2018-09-02 Airbus: Amendment 39-19258; Docket No. FAA-2018-0302; 
Product Identifier 2013-NM-228-AD.

(a) Effective Date

    This AD becomes effective May 15, 2018.

[[Page 18732]]

(b) Affected ADs

    This AD replaces AD 99-23-16, Amendment 39-11412 (64 FR 61485, 
November 12, 1999) (``AD 99-23-16'').

(c) Applicability

    This AD applies to Airbus airplanes, certificated in any 
category, as specified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A330-301, A330-321, A330-322, A330-341 and A330-342 
airplanes, all manufacturer serial numbers, except those on which 
Airbus modification 42605 has been embodied in production.
    (2) Model A340-211, A340-212, A340-213, A340-311, A340-312, and 
A340-313 airplanes, all manufacturer serial numbers, except those on 
which Airbus modification 42605 has been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a new fatigue and damage tolerance 
evaluation that concluded that the current inspection thresholds and 
intervals had to be more restrictive. We are issuing this AD to 
detect and correct fatigue cracking of the vertical flange of the 
inboard Z-stiffeners of the centerline panel of the fuselage belly 
fairing, which could result in reduced structural integrity of the 
belly fairing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the actions at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2013-0241, dated 
October 1, 2013.

(h) 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 (i)(2) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#370e1a76797a1a0606011a767a78741a65726662726463647751565619505841"><span class="__cf_email__" data-cfemail="8bb2a6cac5c6a6bababda6cac6c4c8a6d9cedadeced8dfd8cbedeaeaa5ece4fd">[email&#160;protected]</span></a>. 
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.

(i) Related Information

    (1) Refer to MCAI EASA AD 2013-0241, dated October 1, 2013, for 
related information. You may examine the MCAI on the internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2018-0302.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th Street, Des Moines, WA 
98198; telephone and fax: 206-231-3229.

(j) Material Incorporated by Reference

    None.

    Issued in Des Moines, Washington, on April 11, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-08648 Filed 4-27-18; 8:45 am]
 BILLING CODE 4910-13-P