AD 2019-23-02

[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Rules and Regulations]
[Pages 64725-64728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-25475]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0483; Product Identifier 2019-NM-053 AD; Amendment 
39-19795; AD 2019-23-02]
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, A330-200, and A330-300 
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 December 30, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 30, 
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; telephone +33 5 61 93 36 
96; fax +33 5 61 93 45 80; email <a href="/cdn-cgi/l/email-protection#5938302b2e362b2d3130373c2a2a77186a6a6974186a6d691938302b3b2c2a773a3634"><span class="__cf_email__" data-cfemail="60010912170f121408090e0513134e215353504d21535450200109120215134e030f0d">[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

[[Page 64726]]

information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0483.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0483; 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 European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0059, dated March 20, 2019 (``EASA AD 2019-0059'') (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, 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 certain Airbus SAS 
Model A330-200 Freighter, A330-200, and A330-300 series airplanes. The 
NPRM published in the Federal Register on June 24, 2019 (84 FR 29429). 
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, accidental 
damage, and corrosion in principal structural elements; such fatigue 
cracking, accidental damage, and corrosion could result in reduced 
structural integrity of the airplane. 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.

Support for the NPRM

    Delta Air Lines (DAL) stated its support for the NPRM.

Request To Include Information for Reporting

    DAL requested that the proposed AD include the address where 
inspection findings report should be sent and the time frame within 
which the report should be submitted. The commenter recommended that 
the proposed AD include a paragraph stating that all crack findings 
identified during the inspection tasks included in Airbus A330 
Airworthiness Limitations Section (ALS) Part 2, Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Revision 03, dated October 15, 
2018 (``Airbus A330 ALS Part 2, DT-ALI, Revision 03''), as supplemented 
by Airbus A330 ALS Part 2, DT-ALI, Variation 3.1, dated January 18, 
2019, along with the corrective actions, be reported to Airbus via the 
Airbus Tech Request system within 30 days after the visit.
    The commenter justified its request by explaining that paragraph 6. 
``Reporting,'' of Section 1. of Airbus A330 ALS Part 2, DT-ALI, 
Revision 03, specifies reporting. The commenter explained that the 
philosophy behind the fatigue related inspections is that the areas 
being inspected are places where cracking might be found in the future, 
and if cracking is found in these areas the associated inspection task 
would be removed from Airbus A330 ALS Part 2, DT-ALI, Revision 03, and 
included in a service bulletin and an associated AD would be issued. 
The commenter concluded that the reporting in paragraph 6. 
``Reporting,'' of Section 1. of Airbus A330 ALS Part 2, DT-ALI, 
Revision 03, is an important part of this process. Furthermore, the 
commenter stated that they could not locate information regarding where 
to submit reports and the timeframe for reporting.
    The FAA would like to clarify the intent of the referenced damage-
tolerant task in Airbus A330 ALS Part 2, DT-ALI, Revision 03, as 
supplemented by Airbus A330 ALS Part 2, DT-ALI, Variation 3.1, dated 
January 18, 2019. Unlike airplanes that follow a Supplemental 
Structural Inspection Program that requires reporting (those with an 
older certification basis that does not include damage tolerance 
criteria), the airplanes specified in paragraph (c) of this AD comply 
with 14 CFR 25.571 damage tolerance criteria. Section 25.571 requires 
applicants to evaluate all structures that could contribute to 
catastrophic failure of the airplane with respect to its susceptibility 
to fatigue cracking, corrosion, and accidental damage. Applicants must 
establish inspections or other procedures (also referred to as 
maintenance actions) as necessary to avoid catastrophic failure during 
the operational life of the airplane based on the results of these 
evaluations. It is intended that all maintenance actions required to 
address fatigue cracking, corrosion, and accidental damage are 
identified in the structural-maintenance program. All inspections and 
other procedures (e.g., modification times, replacement times) that are 
necessary to prevent a catastrophic failure due to fatigue are included 
in the ALS of the Instructions for Continued Airworthiness (ICA), as 
required by 14 CFR 25.1529. Therefore, reporting is not required by 
this AD.
    FAA Advisory Circular 25.571-1D provides guidance for compliance 
with the provisions of 14 CFR 25.571, pertaining to the requirements 
for damage-tolerance and fatigue evaluation of transport category 
aircraft structure, and may be referenced for further information.
    While airplane manufacturers may benefit from receiving information 
from the outcome of the ALI inspections, the EASA did not make 
reporting a requirement in EASA AD 2019-0059. The FAA concurs with the 
EASA, and therefore, this AD does not include a reporting requirement. 
However, operators may report the findings, as an option, to Airbus as 
specified in paragraph 6., ``Reporting,'' of Section 1. of Airbus A330 
ALS Part 2, DT-ALI, Revision 03, that indicates reports should be sent 
to <a href="/cdn-cgi/l/email-protection#2b667b6f5f4a584005794e5b44595f586b4a4259495e5805484446"><span class="__cf_email__" data-cfemail="3c716c78485d4f57126e594c534e484f7c5d554e5e494f125f5351">[email&#160;protected]</span></a>. This AD has not been changed in this 
regard.

Change to Certification Date in the Applicability

    In paragraph (c) of the proposed AD, the FAA specified that certain 
airplanes with an original airworthiness certificate or original export 
certificate of airworthiness issued on or before ``October 15, 2018'' 
are affected. However, since this AD requires revising the existing 
maintenance or inspection program to incorporate the information 
specified in Airbus A330 ALS Part 2, DT-ALI, Revision 03, as 
supplemented by Airbus A330 ALS Part 2, DT-ALI, Variation 3.1, dated 
January

[[Page 64727]]

18, 2019, the FAA changed the date in paragraph (c) of this AD to 
``January 18, 2019.'' No U.S. operators are affected by this change.

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 change described previously 
and 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.
    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 Service Information Under 1 CFR Part 51

    Airbus has issued A330 Airworthiness Limitations Section (ALS) Part 
2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 
03, dated October 15, 2018, as supplemented by Airbus A330 ALS Part 2, 
DT-ALI, Variation 3.1, dated January 18, 2019. This service information 
describes mandatory maintenance tasks that operators must perform at 
specified intervals. This service information also describes 
airworthiness limitations for certification maintenance requirements 
applicable to the DT-ALI. 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 107 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 agency recognizes that this number may vary from operator 
to operator. In the past, the agency 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 agency 
has determined that a per-operator estimate is more accurate than a 
per-airplane estimate. Therefore, the agency 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):

2019-23-02 Airbus SAS: Amendment 39-19795; Docket No. FAA-2019-0483; 
Product Identifier 2019-NM-053-AD.

(a) Effective Date

    This AD is effective December 30, 2019.

(b) Affected ADs

    This AD affects AD 2017-19-13, Amendment 39-19043 (82 FR 43837, 
September 20, 2017) (``AD 2017-19-13''); and AD 2018-24-04, 
Amendment 39-19508 (83 FR 60756, November 27, 2018) (``AD 2018-24-
04'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before January 18, 
2019.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.

(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, accidental damage, and 
corrosion in principal structural elements; such fatigue cracking, 
accidental damage, and corrosion 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 A330 Airworthiness 
Limitations

[[Page 64728]]

Section (ALS) Part 2, Damage Tolerant Airworthiness Limitation Items 
(DT-ALI), Revision 03, dated October 15, 2018 (``Airbus A330 ALS 
Part 2, DT-ALI, Revision 03''), as supplemented by Airbus A330 ALS 
Part 2, DT-ALI, Variation 3.1, dated January 18, 2019. The initial 
compliance time for doing the tasks is at the time specified in 
Airbus A330 ALS Part 2, DT-ALI, Revision 03, including Airbus A330 
ALS Part 2, DT-ALI, Variation 3.1, dated January 18, 2019; or within 
90 days after the effective date of this AD; whichever occurs later. 
This AD does not require Section 4, ``Damage Tolerant-Airworthiness 
Limitations Items-Tasks Beyond MPPT,'' of Airbus A330 ALS Part 2, 
DT-ALI, Revision 03.

(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 2017-19-13 and AD 2018-24-04

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-19-13 and AD 2018-24-04.

(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#20190d616e6d0d1111160d616d6f630d7265717565737473604641410e474f56"><span class="__cf_email__" data-cfemail="e8d1c5a9a6a5c5d9d9dec5a9a5a7abc5baadb9bdadbbbcbba88e8989c68f879e">[email&#160;protected]</span></a>.
    (i) 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.
    (ii) The AMOC specified in letter AIR-676-19-120, dated March 5, 
2019, approved previously for AD 2018-24-04, is approved as an AMOC 
for the corresponding provisions of this AD for Model A330-300 
series airplanes modified from a passenger to freighter 
configuration under the provisions of FAA Supplemental Type 
Certificate ST04038NY.
    (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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0059, dated March 20, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2019-0483.
    (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) Airbus A330 Airworthiness Limitations Section (ALS) Part 2, 
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 
03, dated October 15, 2018.
    (ii) Airbus A330 Airworthiness Limitations Section (ALS) Part 2, 
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Variation 
3.1, dated January 18, 2019.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 45 80; email <a href="/cdn-cgi/l/email-protection#99f8f0ebeef6ebedf1f0f7fceaeab7d8aaaaa9b4d8aaada9d9f8f0ebfbeceab7faf6f4"><span class="__cf_email__" data-cfemail="d0b1b9a2a7bfa2a4b8b9beb5a3a3fe91e3e3e0fd91e3e4e090b1b9a2b2a5a3feb3bfbd">[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#b3d5d6d7c1d6d49ddfd6d4d2dff3ddd2c1d29dd4dcc5"><span class="__cf_email__" data-cfemail="244241405641430a4841434548644a4556450a434b52">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-25475 Filed 11-22-19; 8:45 am]
BILLING CODE 4910-13-P