[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60756-60759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25663]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0639; Product Identifier 2018-NM-058-AD; Amendment 
39-19508; AD 2018-24-04]
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: We are 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 revision of a certain 
airworthiness limitations item (ALI) document, which specifies new or 
more restrictive maintenance instructions and airworthiness 
limitations, and a determination that those maintenance instructions 
and airworthiness limitations are necessary. This AD requires revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance instructions and 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 2, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 2, 
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 [email protected]; 
internet http://www.airbus.com. 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0639.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0639; 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 (phone: 800-647-
5527) 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: 

[[Page 60757]]

Discussion

    We 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 August 10, 2018 (83 FR 39633). The 
NPRM was prompted by a revision of a certain ALI document, which 
specifies new or more restrictive maintenance instructions and 
airworthiness limitations, and a determination that those maintenance 
instructions and airworthiness limitations are necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
maintenance instructions and airworthiness limitations.
    We are issuing this AD to address fatigue cracking, damage, and 
corrosion in principal structural elements; such fatigue cracking, 
damage, and corrosion could result in reduced structural integrity of 
the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0068, dated March 26, 2018 (referred to after this 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 MCAI states:

    The airworthiness limitations for Airbus A330 and A340 
aeroplanes, which are approved by EASA, are currently defined and 
published in the A330 and A340 [Airworthiness Limitations Section] 
ALS document(s). The Damage Tolerant Airworthiness Limitation Items 
(DT ALI) are specified in the ALS Part 2. These instructions have 
been identified as mandatory actions for continued airworthiness.
    Failure to comply with these instructions could result in an 
unsafe condition [i.e., fatigue cracking, damage, and corrosion in 
principal structural elements] which could result in reduced 
structural integrity of the airplane.
    Previously, EASA issued AD 2016-0152 [which corresponds to FAA 
AD 2017-19-13, Amendment 39-19043 (82 FR 43837, September 20, 2017) 
(``AD 2017-19-13'')] for A330 and A340 aeroplanes to require 
accomplishment of all maintenance tasks as described in ALS Part 2 
Revision 01 (A330 aeroplanes) and Revision 02 (A340 aeroplanes).
    Since that [EASA] AD was issued, Airbus published Revision 02 of 
the ALS Part 2 for A330 aeroplanes, including new and/or more 
restrictive items.
    For the reason described above, this [EASA] AD takes over the 
requirements from EASA AD 2016-0152 for A330 aeroplanes, and 
requires accomplishment of all maintenance tasks as described in the 
ALS. EASA AD 2016-0152 has been revised accordingly, removing A330 
aeroplanes from the Applicability.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0639.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comment received on the 
NPRM and the FAA's response to that comment.

Request To Clarify or Remove Previously Approved Alternative Method of 
Compliance (AMOC)

    American Airlines requested that we clarify the applicability of 
the AMOC approved in letter AIR-676-18-111 R1, dated January 29, 2018, 
or remove the previously approved AMOC from the proposed AD. The 
commenter stated that, as currently written, paragraph (j)(1)(ii) of 
the proposed AD is confusing because it states that the AMOC approved 
in letter AIR-676-18-111 R1, dated January 29, 2018, previously 
approved for AD 2017-19-13, would still be approved for the 
corresponding provisions of the final rule. The commenter explained 
that this AMOC is limited to a specific organization and is not 
applicable to all operators.
    We agree with the commenter's request for the reasons provided by 
the commenter. AMOC letter AIR-676-18-111 R1, dated January 29, 2018, 
was issued specifically to Singapore Technologies Aerospace Limited and 
is not a global AMOC. We have revised paragraph (j)(1)(ii) of this AD 
to clarify that the AMOC granted in letter AIR-676-18-111 R1, dated 
January 29, 2018, is approved as an AMOC for Model A330-300 series 
airplanes modified from a passenger to freighter configuration under 
the provisions of FAA Supplemental Type Certificate ST04038NY.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the change described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We 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 SAS has issued Airbus A330 Airworthiness Limitations Section 
(ALS) Part 2--Damage Tolerant Airworthiness Limitation Items (DT-ALI), 
Revision 02, Issue 2, dated November 22, 2017. This service information 
describes maintenance instructions and airworthiness limitations 
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

    We estimate that this AD affects 105 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:
    We have determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although we recognize that this number may vary from operator to 
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), we have 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, we estimate 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.
    We are 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

[[Page 60758]]

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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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):

2018-24-04 Airbus SAS: Amendment 39-19508; Docket No. FAA-2018-0639; 
Product Identifier 2018-NM-058-AD.

(a) Effective Date

    This AD is effective January 2, 2019.

(b) Affected ADs

    This AD affects AD 2017-19-13, Amendment 39-19043 (82 FR 43837, 
September 20, 2017) (``AD 2017-19-13'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in 
any category, with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before 
November 22, 2017.
    (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 revision of a certain airworthiness 
limitations item (ALI) document, which specifies new or more 
restrictive maintenance instructions and airworthiness limitations, 
and a determination that those maintenance instructions and 
airworthiness limitations are necessary. We are issuing this AD to 
address fatigue cracking, damage, and corrosion in principal 
structural elements; such fatigue cracking, 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 Section (ALS) Part 2--Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 02, Issue 2, dated November 22, 
2017. The initial compliance time for accomplishing the tasks is at 
the applicable times specified in Airbus A330 Airworthiness 
Limitations Section (ALS) Part 2--Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 02, Issue 2, dated November 22, 
2017, 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 or 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 the Requirements of AD 2017-19-13

    Accomplishing the action required by paragraph (g) of this AD 
terminates all requirements of AD 2017-19-13.

(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: [email protected].
    (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-676-18-111 R1, dated 
January 29, 2018, approved previously for AD 2017-19-13, is approved 
as an AMOC for the corresponding provisions of this AD for Model 
A330-300 series airplanes that have been 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 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 2018-0068, dated March 26, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0639.
    (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),

[[Page 60759]]

Revision 02, Issue 2, dated November 22, 2017.
    (ii) [Reserved]
    (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 [email protected]; 
internet http://www.airbus.com.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 15, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25663 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-13-P


