AD 2018-09-03

[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Rules and Regulations]
[Pages 18727-18730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-08654]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0305; Product Identifier 2013-NM-226-AD; Amendment 
39-19259; AD 2018-09-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 18728]]


ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2009-11-08, 
which applied to certain Airbus Model A330-202, -223, -243, -301, -322, 
and -342 airplanes. AD 2009-11-08 required repetitive special detailed 
(high frequency eddy current) inspections to detect cracking of the 
keel beam fitting horizontal flange edge at a certain frame (FR) on the 
left- and right-hand sides of the fuselage, and repair if necessary. 
This AD was prompted by a new fatigue and damage tolerance evaluation 
that concluded the current inspection thresholds and intervals had to 
be modified. 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-
0305; 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 2009-11-08, Amendment 39-15918 (74 FR 25404, May 28, 
2009) (``AD 2009-11-08''), which applied to certain Airbus Model A330-
202, -223, -243, -301, -322, and -342 airplanes. AD 2009-11-08 was 
prompted by reports of cracks on the left- and right-hand sides between 
the crossing area of the keel angle fitting and the front spar of the 
center wing box. AD 2009-11-08 required a special detailed (high 
frequency eddy current) inspection to detect cracking of the keel beam 
fitting horizontal flange edge at FR40 on the left- and right-hand 
sides of the fuselage, and repair if necessary. We issued AD 2009-11-08 
to detect and correct cracking on the left- and right-hand sides, 
between the crossing area of the keel angle fitting and the front spar 
of the center wing box, which if not corrected, could affect the 
structural integrity of the airplane.
    Since we issued AD 2009-11-08, 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 modified.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2013-0247, dated October 10, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus Model A330-202, -223, -
243, -301, -322, and -342 airplanes. The MCAI states:

    During the A330 and A340 aeroplane fatigue test, cracks appeared 
on the right and left sides between the crossing area of the keel 
angle fitting and the front spar of the Centre Wing Box (CWB). 
Several modifications were introduced in the fleet in the area of 
frame (FR) 40 keel angle assembly in order to prevent these cracks. 
However, the new design caused interference between one fastener and 
the keel angle which was corrected by further local reprofiling of 
the keel angle horizontal flange.
    This condition, if not detected and corrected, could result in 
reduced structural integrity of the area.
    Prompted by these findings, EASA issued AD 2008-0213 [which 
corresponds to FAA AD 2009-11-08] to require accomplishment of 
repetitive special detailed inspection on the horizontal flange of 
the keel beam in the area of first fastener hole aft of FR40 and, 
depending on findings, accomplishment of a repair.
    Since that [EASA] AD was issued, a new fatigue and damage 
tolerance evaluation was conducted by Airbus. It was concluded that, 
due to aeroplane utilisation, the current inspection thresholds and 
intervals had to be modified.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2008-0213, which is superseded, and 
redefines the 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-
0305.

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 the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good 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-2018-0305; Product 
Identifier 2013-NM-226-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.

[[Page 18729]]

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 per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection [new action]...............  9 work-hours x $85 per                $0            $765              $0
                                         hour = $765.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in the MCAI AD.

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) 
2009-11-08, Amendment 39-15918 (74 FR 25404, May 28, 2009), and adding 
the following new AD:

2018-09-03 Airbus: Amendment 39-19259; Docket No. FAA-2018-0305; 
Product Identifier 2013-NM-226-AD.

(a) Effective Date

    This AD becomes effective May 15, 2018.

(b) Affected ADs

    This AD replaces AD 2009-11-08, Amendment 39-15918 (74 FR 25404, 
May 28, 2009) (``AD 2009-11-08'').

(c) Applicability

    This AD applies to Airbus Model A330-202, -223, -243, -301, -
322, and -342 airplanes, certificated in any category, manufacturer 
serial numbers: 0177, 0181, 0183, 0184, 0188, 0189, 0191, 0195, 
0198, 0200, 0203, 0205, 0206, 0209, 0211, 0219, 0222, 0223, 0224, 
0226, 0229, 0230, 0231, 0232, 0234, 0238, 0240, 0241, 0244, 0247, 
0248, 0249, 0250, 0251, 0253, 0254, and 0255.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks on the left- and 
right-hand sides between the crossing area of the keel angle fitting 
and the front spar of the center wing box and by a new fatigue and 
damage tolerance evaluation that concluded the current inspection 
thresholds and intervals had to be modified. We are issuing this AD 
to detect and correct cracking on the left- and right-hand sides 
between the crossing area of the keel angle fitting and the front 
spar of the center wing box, which if not corrected, could affect 
the structural integrity of the airplane.

(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 2013-0247, dated 
October 10, 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#89b0a4c8c7c4a4b8b8bfa4c8c4c6caa4dbccd8dcccdadddac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="e3dacea2adaeced2d2d5cea2aeaca0ceb1a6b2b6a6b0b7b0a3858282cd848c95">[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.

[[Page 18730]]

(i) Related Information

    (1) Refer to MCAI EASA AD 2013-0247, dated October 10, 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-2018-0305.
    (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 17, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-08654 Filed 4-27-18; 8:45 am]
BILLING CODE 4910-13-P