AD 2020-15-21

[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Pages 52895-52898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-18820]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0106; Product Identifier 2020-NM-005-AD; Amendment 
39-21184; AD 2020-15-21]
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, -200 Freighter, and -300 series airplanes. 
This AD was prompted by a determination that certain inspection 
procedures specified an incorrect inspection area. This AD requires 
repetitive detailed inspections of a certain stringer location, and 
applicable corrective actions if necessary, as specified in European 
Union Aviation Safety Agency (EASA) AD 2019-0315, dated December 23, 
2019, 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 1, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 1, 
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#77363304371216041659120205180716591202"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[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, Airworthiness Products Section, Operational Safety 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="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0106.

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-2020-
0106; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3229; 
email: <a href="/cdn-cgi/l/email-protection#2a5c464b4e43474358045f46534b44455c6a4c4b4b044d455c"><span class="__cf_email__" data-cfemail="f2849e93969b9f9b80dc879e8b939c9d84b2949393dc959d84">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 52896]]

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0315, dated December 23, 2019 
(``EASA AD 2019-0315'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200 series airplanes, Model 
A330-200 Freighter series airplanes, and Model 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, -200 Freighter, and -300 series airplanes. The NPRM published 
in the Federal Register on March 9, 2020 (85 FR 13583). The NPRM was 
prompted by a determination that certain inspection procedures 
specified an incorrect inspection area. The NPRM proposed to require 
repetitive detailed inspections of a certain stringer location, and 
applicable corrective actions if necessary, as specified in an EASA AD.
    The FAA is issuing this AD to address potential undetected damage, 
which could affect the structural integrity of the affected area, 
leading to potential in-flight loss of the bulk cargo door, and 
possible consequent damage to 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

    Jackson Ritchie expressed support for the NPRM and increased 
inspections as a method to improve airline safety.

Request To Reference the Relationship Between AD 2019-23-02 and the 
NPRM

    Delta Air Lines (DAL) requested that the FAA reference the 
relationship between AD 2019-23-02, Amendment 39-19795 (84 FR 64725, 
November 25, 2019) (``AD 2019-23-02'') and the NPRM. DAL pointed out 
that AD 2019-23-02 mandates revision of the existing maintenance or 
inspection program by incorporating the information specified in Airbus 
Airworthiness Limitation Section (ALS) Part 2. ALS Part 2 mandates 
accomplishment of certain inspections of the bulk cargo door at 13,400 
flight cycles since the date of manufacture, and that EASA AD 2019-
0315, specified in this AD, requires certain inspections of the bulk 
cargo door at 22,200 flight cycles since the date of manufacture. These 
inspections are to be performed in accordance with Airbus Non-
destructive Testing Manual (NTM) procedure specified in NTM task 53-40-
17. In certain cases, the ALS mandated inspections, with the incorrect 
inspection area specified in NTM task 53-40-17, may be performed prior 
to the inspection required by this AD. DAL explained that EASA AD 2019-
0315 allows the inspections specified in the corrected NTM task 53-40-
17 with the corrected inspection area as an alternative to the required 
actions. EASA AD 2019-0315 also specifies that the ALS Part 2 tasks 
remain unchanged, thus causing certain bulk cargo door inspections 
specified in ALS Part 2, if accomplished in accordance with the NTM 
procedure containing the corrected inspection area, to be compliant 
with the required initial and repetitive inspections of this AD. DAL 
mentioned that referencing this relationship will provide clarification 
to operators and enable them to proactively implement the correct NTM 
inspection procedures prior to the Airbus ALS Part 2 mandated 
inspection thresholds, with the result of better quality inspections 
and avoiding unnecessary re-inspection.
    The FAA agrees for the reasons provided and has included an 
explanation under the ``Relationship Between AD 2019-23-02 and this 
AD'' heading in the preamble of this final rule describing the 
relationship between AD 2019-23-02 and this AD.

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.

Relationship Between AD 2019-23-02 and This AD

    AD 2019-23-02 requires revision of the existing maintenance or 
inspection program by incorporating the information specified in Airbus 
ALS Part 2. Among other actions, Airbus ALS Part 2 specifies certain 
inspections of the bulk cargo door to be accomplished at 13,400 flight 
cycles since the date of airplane manufacture. These inspections are to 
be performed in accordance with the Airbus NTM procedure specified in 
NTM task 53-40-17, which may contain a figure that specifies an 
incorrect inspection area. This AD requires the actions specified in 
EASA AD 2019-0315, which specifies certain inspections of the bulk 
cargo door at 22,200 flight cycles since the date of manufacture using 
service information containing the corrected inspection area. EASA AD 
2019-0315 allows the NTM procedure specified in the ALS Part 2 required 
in AD 2019-23-02 with the corrected inspection area as an alternative 
to the required actions. EASA AD 2019-0315 also specifies that the ALS 
Part 2 tasks remain unchanged, thus causing certain bulk cargo door 
inspections, if accomplished in accordance with the NTM procedure 
containing the corrected inspection area, to be compliant with the 
required initial and repetitive inspections of this AD. Therefore, 
accomplishing the requirements of AD 2019-23-02 with the corrected 
inspection area also meets the requirements of this AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0315 describes procedures for repetitive detailed 
inspections of stringer 44 right-hand at fuselage frame (FR) 67 for 
discrepancies (such as cracking), and applicable corrective actions. 
Corrective actions might include repair. 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 113 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 52897]]



                                      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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1 work-hour x $85 per hour = $85.............................              $0              $85           $9,605
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    The FAA has received no definitive data that would enable us to 
provide cost estimates for the on-condition actions specified in this 
AD.

                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......              $0              $85
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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.

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):

2020-15-21 Airbus SAS: Amendment 39-21184; Docket No. FAA-2020-0106; 
Product Identifier 2020-NM-005-AD.

(a) Effective Date

    This AD is effective October 1, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1) 
through (3) of this AD, certificated in any category, all 
manufacturer serial numbers.
    (1) Airbus SAS Model A330-201, -202, -203, -223, and -243 
airplanes.
    (2) Airbus SAS Model A330-223F and -243F 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 a determination that certain inspection 
procedures specified the inspection area as stringer (STR) 43 right-
hand (RH) at fuselage frame (FR) 67 instead of STR 44 RH at fuselage 
FR 67. The FAA is issuing this AD to address potential undetected 
damage, which could affect the structural integrity of the affected 
area, leading to potential in-flight loss of the bulk cargo door, 
and possible consequent damage to 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, European Union Aviation Safety Agency (EASA) AD 
2019-0315, dated December 23, 2019 (``EASA AD 2019-0315'').

(h) Exceptions to EASA AD 2019-0315

    (1) Where EASA AD 2019-0315 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0315 does not apply 
to this AD.
    (3) Where EASA AD 2019-0315 specifies to comply with ``the 
instructions of the AOT,'' this AD requires compliance with the 
procedures marked as required for compliance (RC) in the alert 
operators transmission (AOT).

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0315 
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, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch,

[[Page 52898]]

send it to the attention of the person identified in paragraph (k) 
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#635a4e2235304e222a314e5450534e222e2c20230502024d040c15"><span class="__cf_email__" data-cfemail="84bda9c5d2d7a9c5cdd6a9b3b7b4a9c5c9cbc7c4e2e5e5aae3ebf2">[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, Large Aircraft 
Section, International Validation 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 2019-0315 that contains RC procedures and 
tests: Except as required by paragraph (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

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3229; email: <a href="/cdn-cgi/l/email-protection#96e0faf7f2fffbffe4b8e3faeff7f8f9e0d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="fd8b919c999490948fd38891849c93928bbd9b9c9cd39a928b">[email&#160;protected]</span></a>.

(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 Union Aviation Safety Agency (EASA) AD 2019-0315, 
dated December 23, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0315, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: <a href="/cdn-cgi/l/email-protection#0b4a4f784b6e6a786a256e7e79647b6a256e7e"><span class="__cf_email__" data-cfemail="a6e7e2d5e6c3c7d5c788c3d3d4c9d6c788c3d3">[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 material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material 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-2020-0106.
    (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#701615140215175e1c1517111c301e1102115e171f06"><span class="__cf_email__" data-cfemail="731516170116145d1f1614121f331d1201125d141c05">[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 on July 20, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-18820 Filed 8-26-20; 8:45 am]
BILLING CODE 4910-13-P