AD 2019-16-07

[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Rules and Regulations]
[Pages 48783-48786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-19913]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
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The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / 
Rules and Regulations

[[Page 48783]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0113; Product Identifier 2017-NM-060-AD; Amendment 
39-19710; AD 2019-16-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-12-
09, which applied to certain Airbus Model A330-200, -200 Freighter, and 
-300 series airplanes; and Model A340-200 and -300 series airplanes. AD 
2016-12-09 requirements included removing existing and installing new 
fasteners, inspecting for and, if necessary, repairing cracking. This 
new AD requires repetitive inspections of the fastener holes at a 
certain frame and applicable on-condition actions, and, for certain 
airplanes, requires a modification, as specified in European Union 
Aviation Safety Agency (EASA) ADs, which are incorporated by reference. 
Also as specified in the EASA ADs, this AD also provide an optional 
terminating action for certain airplanes, which terminates the 
inspections. This AD was prompted by reports that cracks were found on 
an adjacent hole of certain frames of the center wing box (CWB) and a 
determination that the compliance time specified in AD 2016-12-09 for 
the modification of the inside CWB must be revised. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective October 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 22, 
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 <a href="/cdn-cgi/l/email-protection#1455506754717567753a7161667b64753a7161"><span class="__cf_email__" data-cfemail="06474275466367756728637374697667286373">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2018-0113.

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-
0113; 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 2018-0249R1, dated July 31, 2019; 
corrected August 2, 2019 (``EASA AD 2018-0249R1'') (also referred to as 
the Mandatory Continuing Airworthiness Information, or ``the MCAI''), 
to correct an unsafe condition for certain Airbus SAS Model A330-200, -
200 Freighter, and -300 series airplanes; and Model A340-200 and -300 
series airplanes.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 2016-12-09, Amendment 39-18558 
(81 FR 38573, June 14, 2016) (``AD 2016-12-09''). AD 2016-12-09 applied 
to certain Airbus Model A330-200, -200 Freighter, and -300 series 
airplanes, and Model A340-200 and -300 series airplanes. The SNPRM 
published in the Federal Register on May 23, 2019 (84 FR 23742) (``the 
SNPRM''). The FAA preceded the SNPRM with a notice of proposed 
rulemaking (NPRM) that published in the Federal Register on February 
26, 2018 (83 FR 8201) (``the NPRM''). The NPRM was prompted by reports 
that cracks were found on an adjacent hole of certain frames of the 
CWB. The NPRM proposed to require repetitive inspections of the 
fastener holes at frame (FR) 40, and, for certain airplanes, proposed 
to require a modification. The NPRM also proposed to provide an 
optional terminating action for certain airplanes, which terminates the 
inspections. The SNPRM proposed to revise the compliance time for the 
modification of the inside CWB. The FAA is issuing this AD to address 
cracking of certain holes of certain frames of the CWB, which could 
affect the structural integrity of the airplane.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the SNPRM 
or on the determination of the cost to the public.

New EASA AD

    In the SNPRM, the FAA referred to EASA AD 2018-0249, dated November 
16, 2018 (``EASA AD 2018-0249''). Since the SNPRM was issued, EASA 
issued EASA AD 2018-0249R1, which clarifies the conditions for certain 
actions and removes paragraphs that are not necessary.
    The FAA determined that no additional work is required for 
airplanes that have accomplished the actions as required by EASA AD 
2018-0249. Therefore, the FAA has revised all applicable sections in 
this final rule to also specify EASA AD 2018-0249R1.

Change Made to This Final Rule

    The SNPRM included a terminating action paragraph for AD 2016-12-09 
(paragraph (j) of the proposed AD). However, AD 2016-12-09 is 
superseded by this AD; therefore, that terminating action paragraph is 
not needed. We have removed paragraph (j) of the proposed AD from this 
AD.

[[Page 48784]]

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule with the 
changes described previously and minor editorial changes. The FAA has 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
SNPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    The FAA 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 ADs 2018-0249 and 2018-0249R1 describe procedures for 
repetitive inspections of the fastener holes at the FR40 vertical web 
of the affected CWB lower panel area for any cracking, and on-condition 
actions; modification of the inside CWB and an optional terminating 
action (modification of fastener holes by cold-working), which 
terminates the repetitive inspections. On-condition actions include 
installing new fasteners, additional inspections, repair, and 
modification. These documents are distinct since AD 2018-0249R1 
clarifies the conditions for certain actions, removes paragraphs that 
are not necessary, and provides credit for certain alternative methods 
of compliance. 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                  Parts cost                 Cost per product            Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-12-09  Up to 155 work-hours x  $0...........................  Up to $13,175...............  Up to $1,357,025.
                                      $85 per hour = Up to
                                      $13,175.
New actions........................  Up to 145 work-hours x  Up to $650...................  Up to $12,975...............  Up to $1,336,425.
                                      $85 per hour = Up to
                                      $12,325.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 145 work-hours x $85 per hour = Up  Up to $621........................  Up to $12,946.
 to $12,325.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 105 work-hours x $85 per hour = Up  Up to $22,488.....................  Up to $31,413.
 to $8,925.
----------------------------------------------------------------------------------------------------------------

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

    The FAA has 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) 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.

[[Page 48785]]

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) 
2016-12-09, Amendment 39-18558 (81 FR 38573, June 14, 2016), and adding 
the following new AD:

2019-16-07 Airbus SAS: Amendment 39-19710; Docket No. FAA-2018-0113; 
Product Identifier 2017-NM-060-AD.

(a) Effective Date

    This AD is effective October 22, 2019.

(b) Affected ADs

    This AD replaces AD 2016-12-09, Amendment 39-18558 (81 FR 38573, 
June 14, 2016) (``AD 2016-12-09'').

(c) Applicability

    This AD applies to Airbus SAS Model airplanes identified in 
paragraphs (c)(1) through (5) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2018-0249R1, dated July 31, 2019; corrected August 2, 2019 
(``EASA AD 2018-0249R1'').
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F 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 57, Wings.

(e) Reason

    This AD was prompted by reports that cracks were found on an 
adjacent hole of certain frames of the center wing box (CWB) and a 
determination that the compliance time specified in AD 2016-12-09 
for the modification of the inside CWB must be revised. The FAA is 
issuing this AD to address cracking of certain holes of certain 
frames of the CWB, which could affect the structural integrity 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, EASA AD 2018-0249, dated November 16, 2018 (``EASA 
AD 2018-0249'') or EASA AD 2018-0249R1.

(h) Exceptions to EASA ADs 2018-0249 and 2018-0249R1

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA ADs 2018-0249 and 2018-0249R1 refer to the 
effective date of EASA AD 2018-0249 or the effective date of EASA AD 
2017-0069, this AD requires using the effective date of this AD.
    (2) For purposes of determining compliance with the requirements 
of this AD: Where EASA ADs 2018-0249 and 2018-0249R1 refer to the 
effective date of EASA AD 2014-0149, this AD requires using June 29, 
2016 (the effective date of AD 2016-12-09).
    (3) The ``Remarks'' sections of EASA ADs 2018-0249 and 2018-
0249R1 do not apply to this AD.
    (4) The EASA alternative method of compliance (AMOC) approvals 
specified in paragraph (15) of EASA AD 2018-0249R1 do not apply to 
this AD.

(i) Reference to Manufacturer Serial Numbers for Airbus Technical 
Dispositions

    Figure 1 to paragraph (i) of this AD identifies the Airbus 
Technical Dispositions specified in paragraph (9) of EASA ADs 2018-
0249 and 2018-0249R1 and their associated manufacturer serial 
numbers.
[GRAPHIC] [TIFF OMITTED] TR17SE19.000


[[Page 48786]]



(j) No Reporting Requirement

    Although the service information referenced in EASA ADs 2018-
0249 and 2018-0249R1 specifies 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: <a href="/cdn-cgi/l/email-protection#251c08646b68081414130864686a66087760747060767176654344440b424a53"><span class="__cf_email__" data-cfemail="4e77630f0003637f7f78630f03010d631c0b1f1b0b1d1a1d0e282f2f60292138">[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 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 2018-0249 or EASA AD 2018-0249R1 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.

(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 Aviation Safety Agency (EASA) AD 2018-0249, dated 
November 16, 2018.
    (ii) European Union Aviation Safety Agency (EASA) AD 2018-
0249R1, dated July 31, 2019; corrected August 2, 2019.
    (3) For EASA AD 2018-0249 and EASA AD 2018-0249R1, contact the 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 89990 6017; email <a href="/cdn-cgi/l/email-protection#95d4d1e6d5f0f4e6f4bbf0e0e7fae5f4bbf0e0"><span class="__cf_email__" data-cfemail="7d3c390e3d181c0e1c5318080f120d1c531808">[email&#160;protected]</span></a>; Internet 
www.easa.europa.eu. You may find these EASA ADs on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.

    Note 1 to paragraph (m)(3): EASA AD 2018-0249 can be accessed in 
the zipped file at the bottom of the web page for EASA AD 2018-
0249R1. When EASA posts a revised AD on their website, they 
watermark the previous AD as ``Revised,'' alter the file name by 
adding ``_revised'' to the end, and move it into a zipped file 
attached at the bottom of the AD web page.

    (4) You may view these EASA ADs 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. EASA AD 
2018-0249 and EASA AD 2018-0249R1 may be 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-2018-0113.
    (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, email <a href="/cdn-cgi/l/email-protection#5e383b3a2c3b3970323b393f321e303f2c3f70393128"><span class="__cf_email__" data-cfemail="741211100611135a1811131518341a1506155a131b02">[email&#160;protected]</span></a>, 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 August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-19913 Filed 9-16-19; 8:45 am]
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