AD 2019-20-06

[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Rules and Regulations]
[Pages 55859-55861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-22603]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / 
Rules and Regulations

[[Page 55859]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0500; Product Identifier 2019-NM-078-AD; Amendment 
39-19759; AD 2019-20-06]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A310 series airplanes. This AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is issuing this AD to 
address the unsafe condition on these products.

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

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 
96; fax +33 5 61 93 44 51; email <a href="/cdn-cgi/l/email-protection#d8b9bbbbb7adb6acf6b9b1aaafb7aaacb0f5bdb9ab98b9b1aabaadabf6bbb7b5"><span class="__cf_email__" data-cfemail="462725252933283268272f34312934322e6b23273506272f342433356825292b">[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-2019-
0500.

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-
0500; 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: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0091, dated April 26, 2019 (``EASA AD 2019-0091'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model 
A310 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 
A310 series airplanes. The NPRM published in the Federal Register on 
July 1, 2019 (84 FR 31249). The NPRM was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary. 
The NPRM proposed to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.
    The FAA is issuing this AD to address fatigue cracking, damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane. See the MCAI for 
additional background information.

Comment

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA considered the comment received. 
FedEx had no objection to the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA 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 Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A310 Airworthiness Limitations Section 
(ALS), Part 2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), 
Revision 03, dated December 14, 2018 (``Airbus A310 ALS, Part 2, DT-
ALI, Revision 03''), as supplemented by Airbus A310 ALS, Part 2, DT-
ALI, Variation 3.1, Issue 01, dated December 20, 2018 (``Airbus A310 
ALS, Part 2, DT-ALI, Variation 3.1, Issue 01''). Airbus A310 ALS, Part 
2, DT-ALI, Revision 03, describes mandatory maintenance tasks that 
operators must perform at specified intervals. Airbus A310 ALS, Part 2, 
DT-ALI, Variation 3.1, Issue 01, describes additional mandatory 
maintenance tasks related to widespread fatigue damage that operators 
must perform at specified intervals.
    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

    The FAA estimates that this AD affects 4 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD.
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 workhours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the

[[Page 55860]]

past, the FAA has estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, the FAA estimates the total cost per operator to be $7,650 
(90 work-hours x $85 per work-hour).

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):

2019-20-06 Airbus SAS: Amendment 39-19759; Docket No. FAA-2019-0500; 
Product Identifier 2019-NM-078-AD.

(a) Effective Date

    This AD is effective November 22, 2019.

(b) Affected ADs

    This AD affects AD 2017-21-08, Amendment 39-19079 (82 FR 48904, 
October 23, 2017) (``AD 2017-21-08''); and AD 2018-19-31, Amendment 
39-19432 (83 FR 48930, September 28, 2018) (``AD 2018-19-31'').

(c) Applicability

    This AD applies to Airbus SAS Model A310-203, -204, -221, -222, 
-304, -322, -324, and -325 airplanes, certificated in any category, 
all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, or corrosion in 
principal structural elements, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus A310 Airworthiness 
Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 03, dated December 14, 2018 
(``Airbus A310 ALS, Part 2, DT-ALI, Revision 03''), as supplemented 
by Airbus A310 ALS, Part 2, DT-ALI, Variation 3.1, Issue 01, dated 
December 20, 2018 (``Airbus A310 ALS, Part 2, DT-ALI, Variation 3.1, 
Issue 01''). The initial compliance time for doing the tasks is at 
the time specified in Airbus A310 ALS, Part 2, DT-ALI, Revision 03, 
as supplemented by Airbus A310 ALS, Part 2, DT-ALI, Variation 3.1, 
Issue 01; or within 90 days after the effective date of this AD; 
whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2017-21-08 and AD 2018-19-31

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-21-08 and AD 2018-19-31.

(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#9fa6b2ded1d2b2aeaea9b2ded2d0dcb2cddacecadacccbccdff9fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="0d34204c4340203c3c3b204c40424e205f485c58485e595e4d6b6c6c236a627b">[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 Union 
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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (j)(2) of this AD: If any service information contains 
procedures or tests that are identified as RC, those 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

[[Page 55861]]

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 AD 2019-0091, dated April 26, 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-2019-0500.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225.

(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) Airbus A310 Airworthiness Limitations Section (ALS), Part 2, 
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 
03, dated December 14, 2018.
    (ii) Airbus A310 Airworthiness Limitations Section (ALS), Part 
2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), 
Variation 3.1, Issue 01, dated December 20, 2018.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email <a href="/cdn-cgi/l/email-protection#2d4c4e4e42584359034c445f5a425f594500484c5e6d4c445f4f585e034e4240"><span class="__cf_email__" data-cfemail="87e6e4e4e8f2e9f3a9e6eef5f0e8f5f3efaae2e6f4c7e6eef5e5f2f4a9e4e8ea">[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, email <a href="/cdn-cgi/l/email-protection#7d1b18190f181a5311181a1c113d131c0f1c531a120b"><span class="__cf_email__" data-cfemail="127477766077753c7e7775737e527c7360733c757d64">[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 October 3, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-22603 Filed 10-17-19; 8:45 am]
 BILLING CODE 4910-13-P