AD 2019-19-09

[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51952-51955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-21240]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0318; Product Identifier 2019-NM-015-AD; Amendment 
39-19745; AD 2019-19-09]
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 all 
Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series 
airplanes. This AD was prompted by an analysis conducted on Airbus SAS 
Model A330-200 Freighter, A330-200, and A330-300 series airplanes that 
identified structural areas that are susceptible to widespread fatigue 
damage (WFD). This AD requires reinforcement modifications of various 
structural parts of the fuselage, and applicable related investigative 
and corrective actions if necessary, 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 November 5, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 5, 
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#4b0a0f380b2e2a382a652e3e39243b2a652e3e"><span class="__cf_email__" data-cfemail="abeaefd8ebcecad8ca85ceded9c4dbca85cede">[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 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-2019-0318.

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-2019-
0318; 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 2018-0276R1, dated January 11, 2019; 
corrected January 15, 2019 (``EASA AD 2018-0276R1'') (referred to after 
this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for all Airbus SAS Model A330-
200 Freighter, A330-200, and A330-300 series airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A330-200 Freighter, A330-200, and A330-300 series airplanes. The NPRM 
published in the Federal Register on May 16, 2019 (84 FR 22075). The 
NPRM was prompted by an analysis conducted on Airbus SAS Model A330-200 
Freighter, A330-200, and A330-300 series airplanes that identified 
structural areas that are susceptible to WFD. The NPRM proposed to 
require reinforcement modifications of various structural parts of the 
fuselage, and applicable related investigative and corrective actions 
if necessary.
    The FAA is issuing this AD to address structural areas that are 
susceptible to WFD, which, if not corrected, could lead to crack 
initiation and undetected propagation, reducing the structural 
integrity of the airplane, possibly resulting in rapid depressurization 
and consequent injury to occupants. See the MCAI for additional 
background information.

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. Commenters 
Christopher Cracraft, Samuel Hazo, and American Airlines (AAL) stated 
that they support the NPRM.

Request To Use Later-Approved Service Information

    AAL requested that the FAA provide a statement in the final rule 
confirming its approval of later-approved service information since the 
FAA rarely allows such practice without an alternative method of 
compliance (AMOC).
    This AD does not exclude the ``Ref. Publications'' section of EASA 
AD 2018-0276R1, so that section is applicable to this AD, which 
addresses the commenter's concern. The FAA does not find it necessary 
to provide an additional statement regarding this issue in this AD. 
Therefore, the FAA has not changed this AD regarding this issue.

Request To Allow Alternative Corrosion-Inhibiting Compounds (CICs)

    Delta Airlines (DAL) generally supported the NPRM but requested 
that the FAA allow operators to use their CICs, which are controlled by 
their FAA-principal maintenance inspector (PMI), for their corrosion 
prevention and control program (CPCP). DAL stated that the instructions 
in the service information include the reapplication of CICs. DAL 
commented that the CICs do not always align with the CIC products 
specified in the service information, which forces operators to apply 
for an AMOC for use of their preferred CICs.
    In addition, DAL stated that corrosion is not the subject of the 
unsafe condition in the proposed AD, and operators should be able 
maintain their airplanes at their discretion through their FAA-accepted 
programs. DAL commented that CICs that are PMI accepted have shown an 
equivalent level of safety, and their use should continue to be 
accepted

[[Page 51953]]

since they are not the subject of the unsafe condition in the NPRM.
    The FAA disagrees with the commenter's request. The CICs are 
identified in certain Airbus service information under tasks that are 
identified as ``required for compliance'' (RC), and that service 
information is specified in the MCAI, which is incorporated by 
reference in this AD. Therefore, any substitutions or changes to 
procedures or tests identified as RC require approval of an AMOC. Under 
the provisions of paragraph (j)(1) of this AD, the FAA will consider 
requests for approval of an AMOC if sufficient data are submitted to 
substantiate that the change provides an acceptable level of safety. 
The FAA has not changed this AD regarding this issue.

Request To Issue Multiple Proposed ADs

    AAL requested that the FAA issue one proposed AD for each of the 24 
service documents specified in EASA AD 2018-0276R1 as a way to control 
the actions and thresholds. AAL stated that one proposed AD per service 
document would alleviate the need for multiple revisions to a single 
``master'' AD if issues arise in a particular service document. AAL 
also commented that if the ``master'' AD is revised or superseded, it 
must revise each internal document (i.e., engineering orders (E.O.)) 
that affects that AD versus just the one specific E.O. that matches the 
service information that resulted in the AD revision. AAL commented 
that revising internal documents also affects AMOCs. AAL stated that 
revising internal documents is a heavy burden on the operator and on 
the local FAA authority tasked to review its documents for compliance.
    AAL commented that issuing one ``master'' AD places a burden on its 
information technology (IT) system. AAL stated that its maintenance 
tracking system (``SCEPTRE'') permits the creation of one tracking 
method for one AD, and will not sufficiently be able to track multiple 
service information thresholds under one AD as its system does not 
support this.
    In addition, AAL stated that it must report its AD status to the 
FAA and that ADs for all airplane numbers must show the AD compliance 
date or forecasted due date on the report. AAL commented that the 
thresholds on several of the service documents are so far out that they 
may never be reached, and the AD report would never show compliance 
even though the operator is taking actions on the lower-threshold 
service information.
    The FAA disagrees with the commenter's request. The FAA has 
determined that in general, issuing one AD for the same unsafe 
condition (as EASA has done in this case) is more efficient and 
provides adequate time to correct the specified unsafe condition. While 
it is understandable that a manufacturer would like to minimize IT 
issues involving its AD tracking system, the FAA typically follows the 
recommendations of the State of Design Authority (in this case EASA) 
for the compliance time and method for addressing the unsafe condition. 
In addition, issuing one AD per service document would require 
additional public notice and comment period, further delaying the 
actions required to address the specified unsafe condition. The FAA has 
not changed this AD in this regard.

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 as proposed, except for 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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0276R1 describes procedures for reinforcement 
modifications of various structural parts of the fuselage, and 
applicable related investigative and corrective actions if necessary. 
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:

                                      Estimated Costs for Required Actions
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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 413 work-hours x $85 per hour =  Up to $125,190.........  Up to $160,295.........  Up to $16,670,680.
 $35,105.
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    The FAA has received no definitive data that would enable the FAA 
to provide cost estimates for the on-condition actions specified in 
this 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.
    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:

[[Page 51954]]

    (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):

2019-19-09 Airbus SAS: Amendment 39-19745; Docket No. FAA-2019-0318; 
Product Identifier 2019-NM-015-AD.

(a) Effective Date

    This AD is effective November 5, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all airplanes identified in paragraphs (c)(1) 
through (3) of this AD, certificated in any category, all 
manufacturer serial numbers.
    (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.

(d) Subject

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

(e) Reason

    This AD was prompted by an analysis conducted on Airbus SAS 
Model A330-200 Freighter, -200, and -300 series airplanes that 
identified structural areas that are susceptible to widespread 
fatigue damage (WFD). The FAA is issuing this AD to address this 
condition, which could lead to crack initiation and undetected 
propagation, reducing the structural integrity of the airplane, 
possibly resulting in rapid depressurization and consequent injury 
to occupants.

(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 2018-0276R1, dated January 11, 2019; 
corrected January 15, 2019 (``EASA AD 2018-0276R1'').

(h) Exceptions to EASA AD 2018-0276R1

    (1) The ``Remarks'' section of EASA AD 2018-0276R1 does not 
apply to this AD.
    (2) Where paragraph (1) of EASA AD 2018-0276R1 specifies to 
modify the airplane in accordance with each applicable service 
bulletin as specified in Appendix 1 of EASA AD 2018-0276R1, this AD 
also requires the accomplishment of all applicable related 
investigative and corrective actions before further flight in 
accordance with each applicable service bulletin as specified in 
Appendix 1 of EASA AD 2018-0276R1.
    (3) For airplanes already modified before the threshold 
specified in Table 2 of Appendix 1 of EASA AD 2018-0276R1 is 
reached, within 6 months after the effective date of this AD, obtain 
instructions for additional maintenance tasks (e.g., modifications/
inspections) from the Manager, International Section, Transport 
Standards Branch, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus SAS's EASA Design Organization Approval (DOA); and 
accomplish those tasks within the compliance time specified therein. 
If approved by the DOA, the approval must include the DOA-authorized 
signature.

(i) No Reporting Requirement

    Although certain service information referenced in EASA AD 2018-
0276R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) 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 (k)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#bb8296faf5f6968a8a8d96faf6f4f896e9feeaeefee8efe8fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="6b52462a2526465a5a5d462a26242846392e3a3e2e383f382b0d0a0a450c041d">[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 2018-0276R1 that contains RC procedures and 
tests: Except as required by paragraphs (h)(3) and (j)(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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2018-0276R1, dated January 11, 
2019; corrected January 15, 2019, for related information. This MCAI 
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-
2019-0318.
    (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; 
telephone and fax 206-231-3229.

(l) 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 2018-0276R1, dated 
January 11, 2019; corrected January 15, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2018-0276R1, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email <a href="/cdn-cgi/l/email-protection#28696c5b684d495b49064d5d5a475849064d5d"><span class="__cf_email__" data-cfemail="6223261122070311034c0717100d12034c0717">[email&#160;protected]</span></a>; Internet www.easa.europa.eu.
    (4) You may view this 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.
    (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, email 
<a href="/cdn-cgi/l/email-protection#f99f9c9d8b9c9ed7959c9e9895b997988b98d79e968f"><span class="__cf_email__" data-cfemail="5e383b3a2c3b3970323b393f321e303f2c3f70393128">[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>.


[[Page 51955]]


    Issued in Des Moines, Washington, on September 19, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-21240 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-13-P