AD 2019-17-05

[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47407-47410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-19442]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0320; Product Identifier 2019-NM-017-AD; Amendment 
39-19725; AD 2019-17-05]
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: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A330-200 Freighter, -200, and -300 series 
airplanes; and certain Airbus SAS Model A340-200, -300, -500, and -600 
series airplanes. This AD was prompted by a determination that certain 
wing slat tracks that were inadvertently indicated as eligible for 
installation on all Model A330 and A340 series airplanes are unable to 
sustain the ultimate loads relative to the weight variant of certain 
airplane configurations. This AD requires identifying affected parts, 
inspecting for and repairing cracks, and replacing affected parts with 
serviceable parts, as specified in a European 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 October 15, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 15, 
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, at Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#a6e7e2d5e6c3c7d5c788c3d3d4c9d6c788c3d3"><span class="__cf_email__" data-cfemail="39787d4a795c584a58175c4c4b564958175c4c">[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-2019-0320.

Examining the AD Docket

    You may examine the AD docket on the internet at http://

[[Page 47408]]

www.regulations.gov by searching for and locating Docket No. FAA-2019-
0320; 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 FAA 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 Freighter, -200 and -300 series airplanes; and certain 
Airbus SAS Model A340-200, -300, -500, and -600 series airplanes. The 
NPRM published in the Federal Register on May 8, 2019 (84 FR 20057). 
The NPRM was prompted by a determination that certain wing slat tracks 
that were inadvertently indicated as eligible for installation on all 
Model A330 and A340 series airplanes are unable to sustain the ultimate 
loads relative to the weight variant of certain airplane 
configurations. The NPRM proposed to require inspecting any affected 
part for cracking, and replacing with a serviceable part.
    The FAA is issuing this AD to address installation of affected 
parts, which could result in slat detachment in flight and consequent 
reduced control of the airplane.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0026, dated February 4, 2019 
(``EASA AD 2019-0026'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A330-200 Freighter, -200, and -
300 series airplanes; and certain Airbus SAS Model A340-200, -300, -
500, and -600 series airplanes. The MCAI states:

    It was recently determined that, since June 2010, the affected 
parts were inadvertently indicated as eligible for installation on 
all A330 and A340 aeroplanes in the applicable Illustrated Part 
Catalogue (IPC), although in fact, those parts are not valid for 
some aeroplane configurations (weight variants), because they are 
unable to sustain ultimate load. Investigation demonstrated that 
affected parts were never delivered as spare part. However, it 
cannot be excluded that an affected part was removed in-service from 
an aeroplane and installed on another.
    This condition, if not detected and corrected, could lead to 
slat detachment in flight, possibly resulting in reduced control of 
the aeroplane.
    To address this potential unsafe condition, Airbus published the 
applicable SB [service bulletin] to provide instructions to identify 
affected parts, and instructions to inspect [for cracking of] those 
affected parts found installed.
    For the reasons described above, this [EASA] AD requires a one-
time detailed (DET) and special detailed inspection (SDI) of the aft 
lug of each affected part and replacement of each affected part. 
This [EASA] AD also prohibits installation of affected parts.

    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-2019-
0320.

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 Include Additional Exceptions to the MCAI

    American Airlines (AAL) asked that an airplane records review for 
the affected part identification be an approved method of compliance in 
the proposed AD. AAL stated that its maintenance records indicate that 
no affected #10 slat track was installed in production, or has been 
installed since aircraft delivery.
    The FAA agrees with the commenter's request. The FAA has added 
paragraph (h)(2) to this AD to allow a review of airplane maintenance 
records in lieu of the inspections for the part numbers of the wing 
slat tracks at the #10 position. Subsequent paragraphs have been 
redesignated accordingly.
    AAL also asked that in cases where the slat track part number is 
not identifiable, instructions be provided in the proposed AD to 
specify a range for the slat track measured thickness used to identify 
affected parts. AAL stated that Airbus Service Bulletin A330-57-3144, 
dated November 12, 2018, which is referenced in EASA AD 2019-0026, 
specifies that if the slat track part number is not identifiable, the 
upper thickness of the aft lug must be measured, and if the dimension 
is ``10.80 mm,'' the part is an affected slat track and must be 
replaced. AAL questioned whether a slat track with a measurement other 
than 10.80 mm would be affected. Therefore, AAL requested that Airbus 
provide a specific tolerance range that would require further 
inspection and ultimate replacement. AAL stated that Airbus provided a 
range of between 10.763 mm and 11.275 mm for the part to be an affected 
slat track, which will be added to the next revision of the referenced 
service bulletin.
    The FAA agrees with the commenter's request for the reasons 
provided. Paragraph (h)(3) has been added to this AD to specify the 
measured dimension range of 10.763 mm through 11.275 mm inclusive for 
an affected part. Subsequent paragraphs have been redesignated 
accordingly.

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 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 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA has 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 2019-0026 describes procedures for one-time detailed and 
special detailed (high frequency eddy current) inspections for cracking 
of the aft lug of each affected wing slat track (including an 
inspection to first determine if an affected slat track is installed), 
and replacement of any affected part with a serviceable part. 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 104 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 47409]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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7 work-hours x $85 per hour = $595...........................              $0             $595          $61,880
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    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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8 work-hours x $85 per hour = $680....              $0             $680
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    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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

    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.

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):

2019-17-05 Airbus SAS: Amendment 39-19725; Docket No. FAA-2019-0320; 
Product Identifier 2019-NM-017-AD.

(a) Effective Date

    This AD is effective October 15, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
through (6) of this AD, certificated in any category, as identified 
in European Aviation Safety Agency (EASA) AD 2019-0026, dated 
February 4, 2019 (``EASA AD 2019-0026'').
    (1) Airbus SAS Model A330-223F and -243F airplanes.
    (2) Airbus SAS Model A330-201, -202, -203, -223, and -243 
airplanes.
    (3) Airbus SAS Model A330-301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes.
    (4) Airbus SAS Model A340-211, -212, and -213 airplanes.
    (5) Airbus SAS Model A340-311, -312, and -313 airplanes.
    (6) Airbus SAS Model A340-541 and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a determination that certain wing slat 
tracks that had been inadvertently indicated as eligible for 
installation on all Model A330 and A340 series airplanes are unable 
to sustain the ultimate loads relative to the weight variant of 
certain airplane configurations. The FAA is issuing this AD to 
address installation of affected parts, which could result in slat 
detachment in flight and consequent 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, EASA AD 2019-0026.

(h) Exceptions to EASA AD 2019-0026

    (1) For purposes of determining compliance with the requirements 
of this AD:

[[Page 47410]]

Where EASA AD 2019-0026 refers to its effective date, this AD 
requires using the effective date of this AD.
    (2) Where EASA AD 2019-0026 requires inspecting to determine the 
part number of the wing slat tracks at the #10 position, this AD 
allows a review of airplane maintenance records in lieu of the 
inspection if the part number can be conclusively determined from 
that review.
    (3) EASA AD 2019-0026 refers to Airbus Service Bulletin A330-57-
3144, dated November 12, 2018, which specifies that if the slat 
track part number is not identifiable, the upper thickness of the 
aft lug must be measured, and if the dimension is 10.80 millimeters 
(mm), it is an affected part and must be replaced. For this AD, the 
affected part dimensions range from 10.763 mm through 11.275 mm 
inclusive.
    (4) The ``Remarks'' section of EASA AD 2019-0026 does not apply 
to this AD.

(i) 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 (j) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#536a7e121d1e7e6262657e121e1c107e0116020616000700133532327d343c25"><span class="__cf_email__" data-cfemail="e5dcc8a4aba8c8d4d4d3c8a4a8aaa6c8b7a0b4b0a0b6b1b6a5838484cb828a93">[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 2019-0026 that contains RC procedures and 
tests: Except as required by paragraph (i)(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.

(j) 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.

(k) 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 2019-0026, dated 
February 4, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0026, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email 
<a href="/cdn-cgi/l/email-protection#4100053201242032206f2434332e31206f2434"><span class="__cf_email__" data-cfemail="4a0b0e390a2f2b392b642f3f38253a2b642f3f">[email&#160;protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view this EASA AD 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 
2019-0026 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-
2019-0320.
    (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, 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 August 22, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-19442 Filed 9-9-19; 8:45 am]
BILLING CODE 4910-13-P