AD 2019-01-05

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4310-4313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-02161]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0788; Product Identifier 2018-NM-004-AD; Amendment 
39-19544; AD 2019-01-05]
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: We are adopting a new airworthiness directive (AD) for certain 
Airbus SAS Model A330-200, -200F, and -300 series airplanes. This AD 
was prompted by a revision of the airworthiness limitations section 
(ALS), which provides new and more restrictive maintenance requirements 
and airworthiness limitations for airplane structures and systems. This 
AD requires revising the existing maintenance or inspection program to 
incorporate new maintenance requirements and airworthiness limitations. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 22, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; 
fax: +33 5 61 93 45 80; email: <a href="/cdn-cgi/l/email-protection#75141c07021a07011d1c1b1006065b34464645583446414535141c071700065b161a18"><span class="__cf_email__" data-cfemail="9cfdf5eeebf3eee8f4f5f2f9efefb2ddafafacb1ddafa8acdcfdf5eefee9efb2fff3f1">[email&#160;protected]</span></a>; 
internet: <a href="http://www.airbus.com">http://www.airbus.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0788.

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-
0788; 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 (phone: 800-647-
5527) 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; phone and fax: 206-231-3229.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus SAS Model 
A330-200, -200F, and -300 series airplanes. The NPRM published in the 
Federal Register on August 31, 2018 (83 FR 44510). The NPRM was 
prompted by a revision of the ALS, which provides new and more 
restrictive maintenance requirements and airworthiness limitations for 
airplane structures and systems. The NPRM proposed to require revising 
the existing maintenance or inspection program to incorporate new 
maintenance requirements and airworthiness limitations.
    We are issuing this AD to address reduced airplane control due to 
the failure of system components.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0228, dated November 21, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus SAS Model A330 and A340 
series airplanes. The MCAI states:

    The airworthiness limitations are currently defined and 
published in the Airbus A330 and A340 Airworthiness Limitations 
Section (ALS) documents. The airworthiness limitations applicable to 
the System Equipment Maintenance Requirements, which are approved by 
EASA, are specified in Airbus A330 and A340 ALS Part 4. Failure to 
comply with these instructions could result in an unsafe condition.
    EASA issued AD 2016-0011 [which corresponds to FAA AD 2017-05-
10, Amendment 39-18821 (82 FR 13379, March 13, 2017) (``AD 2017-05-
10'')] to require the actions as specified in Airbus A330 and A340 
ALS Part 4 at Revision 05 and Revision 04, respectively.
    Since this [EASA] AD was issued, Airbus published Revision 06 
and Revision 05, respectively, of Airbus A330 and A340 ALS Part 4, 
which introduce new and more restrictive maintenance requirements 
and/or airworthiness limitations.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0011, which is superseded, and requires 
accomplishment of the actions specified in Airbus A330 ALS Part 4 
Revision 06, or A340 ALS Part 4 Revision 05, as applicable.

    The unsafe condition is reduced control of the airplane due to the 
failure of system components. You may examine the MCAI in 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-2018-0788.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comment received on the 
NPRM and the FAA's response to each comment.

Request To Include Later Version of the Service Information

    American Airlines (AAL) requested that we include Airbus A330 
Airworthiness Limitations Section (ALS) Part 4, System Equipment 
Maintenance Requirements (SEMR), Variation 6.1, dated January 16, 2018, 
as the appropriate source of service information. AAL indicated that 
the variation document increases the flight cycle life limitation of 
trimmable horizontal stabilizer (THS) actuator P/N 47172-540 from 
10,000 flight cycles to 20,000 flight cycles. AAL also pointed out an 
alternative method of compliance (AMOC) for AD 2017-05-10 has been

[[Page 4311]]

approved to allow the incorporation of the variation document into 
AAL's maintenance program (AMOC AIR-676-18-026R1, dated August 13, 
2018).
    We agree with the commenter's request for the reasons provided. We 
have revised paragraphs (g) and (h) of this AD to include Airbus A330 
Airworthiness Limitations Section (ALS) Part 4, System Equipment 
Maintenance Requirements (SEMR), Variation 6.1, dated January 16, 2018, 
as an appropriate source of service information.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> 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 Service Information Under 1 CFR Part 51

    Airbus SAS has issued the following service information.
    <bullet> A330 Airworthiness Limitations Section (ALS) Part 4, 
System Equipment Maintenance Requirements (SEMR), Revision 06, dated 
September 18, 2017. This service information describes preventative 
maintenance requirements and associated airworthiness limitations 
applicable to aircraft systems susceptible to aging effects.
    <bullet> A330 Airworthiness Limitations Section (ALS) Part 4, 
System Equipment Maintenance Requirements (SEMR), Variation 6.1, dated 
January 16, 2018. This service information describes preventative 
maintenance requirements and associated airworthiness limitations 
applicable to the THS actuator P/N 47172-540 and changes the flight 
cycle life limitation from 10,000 flight cycles to 20,000 flight 
cycles.
    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

    We estimate that this AD affects 104 airplanes of U.S. registry.
    We have determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although we recognize that this number may vary from operator to 
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), we have 
determined that a per-operator estimate is more accurate than a per 
airplane estimate. Therefore, we estimate the total cost per operator 
to be $7,650 (90 work-hours x $85 per workhour).

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 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) 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 adding the following new airworthiness 
directive (AD):

2019-01-05 Airbus SAS: Amendment 39-19544; Docket No. FAA-2018-0788; 
Product Identifier 2018-NM-004-AD.

(a) Effective Date

    This AD is effective March 22, 2019.

(b) Affected ADs

    This AD affects AD 2017-05-10, Amendment 39-18821 (82 FR 13379, 
March 13, 2017) (``AD 2017-05-10'').

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, A330-202, A330-
203, A330-223, A330-243, A330-223F, A330-243F, A330-301, A330-302, 
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, and 
A330-343 airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before September 18, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a revision of the airworthiness 
limitations section (ALS), which provides new and more restrictive 
maintenance requirements and airworthiness limitations for airplane 
structures and systems. We are issuing this AD to prevent

[[Page 4312]]

reduced airplane control due to the failure of system components.

(f) Compliance

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

(g) Maintenance Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, by 
incorporating Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
06, dated September 18, 2017; or Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Variation 6.1, dated January 16, 2018. The 
initial compliance times for the actions specified in Airbus A330 
Airworthiness Limitations Section (ALS) Part 4, System Equipment 
Maintenance Requirements (SEMR), Revision 06, dated September 18, 
2017, or the actions specified in Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Variation 6.1, dated January 16, 2018, are 
within the applicable compliance times specified in Airbus A330 
Airworthiness Limitations Section (ALS) Part 4, System Equipment 
Maintenance Requirements (SEMR), Revision 06, dated September 18, 
2017, or Airbus A330 Airworthiness Limitations Section (ALS) Part 4, 
System Equipment Maintenance Requirements (SEMR), Variation 6.1, 
dated January 16, 2018; or within 90 days after the effective date 
of this AD; whichever occurs later; except as required by paragraph 
(h) of this AD.

(h) Exceptions to Initial Compliance Times

    (1) Where Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
06, dated September 18, 2017; or Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines 
a calendar compliance time for elevator servo-controls having part 
number (P/N) SC4800-2, SC4800-3, SC4800-4, SC4800-6, SC4800-7, or 
SC4800-8 as ``August 31, 2004,'' the calendar compliance time is 
June 13, 2007 (34 months after August 13, 2004 (the effective date 
of AD 2004-13-25, Amendment 39-13707 (69 FR 41394, July 9, 2004))).
    (2) Where Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
06, dated September 18, 2017; or Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines 
a calendar compliance time for spoiler servo-controls (SSCs) having 
P/N 1386A0000-01, 1386B0000-01, 1387A0000-01, or 1387B0000-01 as 
``December 31, 2003,'' the calendar compliance time is November 19, 
2005 (13 months after October 19, 2004 (the effective date of AD 
2004-18-14, Amendment 39-13793 (69 FR 55326, September 14, 2004))).
    (3) Where Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
06, dated September 18, 2017; or Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines 
a calendar compliance time for elevator servo-controls having P/N 
SC4800-73, SC4800-93, SC4800-103, and SC4800-113 as ``June 30, 
2008,'' the calendar compliance time is September 16, 2009 (17 
months after April 16, 2008 (the effective date of AD 2008-06-07, 
Amendment 39-15419 (73 FR 13103, March 12, 2008; corrected April 15, 
2008 (73 FR 20367)))).
    (4) The initial compliance time for replacement of the 
retraction brackets of the main landing gear (MLG) having a part 
number specified in paragraphs (h)(4)(i) through (h)(4)(xvi) of this 
AD is before the accumulation of 19,800 total landings on the 
affected retraction brackets of the MLG, or within 900 flight hours 
after April 9, 2012 (the effective date of AD 2012-04-07, Amendment 
39-16963 (77 FR 12989, March 5, 2012)), whichever occurs later.
    (i) 201478303.
    (ii) 201478304.
    (iii) 201478305.
    (iv) 201478306.
    (v) 201478307.
    (vi) 201478308.
    (vii) 201428380.
    (viii) 201428381.
    (ix) 201428382.
    (x) 201428383.
    (xi) 201428384.
    (xii) 201428385.
    (xiii) 201428378.
    (xiv) 201428379.
    (xv) 201428351.
    (xvi) 201428352.
    (5) Where Airbus A330 Airworthiness Limitations Section (ALS) 
Part 4, System Equipment Maintenance Requirements (SEMR), Revision 
06, dated September 18, 2017; or Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines 
a calendar compliance time for the modification of SSCs on three 
hydraulic circuits having P/N MZ4339390-01X, MZ4306000-01X, 
MZ4339390-02X, MZ4306000-02X, MZ4339390-10X, or MZ4306000-10X as 
``March 5, 2010,'' the calendar compliance time is April 14, 2011 
(18 months after October 14, 2009 (the effective date of AD 2009-18-
20, Amendment 39-16017 (74 FR 46313, September 9, 2009) (``AD 2009-
18-20''))).
    (6) Where Note (17) of Sub-Part 1, ``Life Limits,'' of Section 
3, ``Systems Life-Limited Components,'' of Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Revision 06, dated September 18, 2017; or 
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System 
Equipment Maintenance Requirements (SEMR), Variation 6.1, dated 
January 16, 2018; defines a calendar date of ``September 5, 2008,'' 
as a date for the determination of accumulated flight cycles since 
the airplane's initial entry into service, the date is October 14, 
2009 (the effective date of AD 2009-18-20).
    (7) Where Note (17) of Sub-Part 1, ``Life Limits,'' of Section 
3, ``Systems Life-Limited Components,'' of Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4, System Equipment Maintenance 
Requirements (SEMR), Revision 06, dated September 18, 2017; or 
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System 
Equipment Maintenance Requirements (SEMR), Variation 6.1, dated 
January 16, 2018; defines a calendar compliance time as ``March 5, 
2010,'' for the modification of affected servo controls, the 
calendar compliance time is April 14, 2011 (18 months after October 
14, 2009 (the effective date of AD 2009-18-20)).

(i) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k)(1) of this AD.

(j) Terminating Actions for the Requirements of AD 2017-05-10

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all requirements of AD 2017-05-10.

(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)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#98a1b5d9d6d5b5a9a9aeb5d9d5d7dbcaddc9cdddcbcccbd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="251c08646b68081414130864686a667760747060767176654344440b424a53">[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.
    (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 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0228, dated November 21, 2017, for related 
information. This MCAI may be

[[Page 4313]]

found in 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-2018-0788.
    (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; 
phone and fax: 206-231-3229.

(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) Airbus A330 Airworthiness Limitations Section (ALS) Part 4, 
System Equipment Maintenance Requirements (SEMR), Revision 06, dated 
September 18, 2017.
    (ii) Airbus A330 Airworthiness Limitations Section (ALS) Part 4, 
System Equipment Maintenance Requirements (SEMR), Variation 6.1, 
dated January 16, 2018.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: 
+33 5 61 93 45 80; email: <a href="/cdn-cgi/l/email-protection#ef8e869d98809d9b8786818a9c9cc1aedcdcdfc2aedcdbdfaf8e869d8d9a9cc18c8082"><span class="__cf_email__" data-cfemail="ff9e968d88908d8b9796919a8c8cd1becccccfd2becccbcfbf9e968d9d8a8cd19c9092">[email&#160;protected]</span></a>; 
internet: <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (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, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-02161 Filed 2-14-19; 8:45 am]
 BILLING CODE 4910-13-P